Two sentenced to life in prison for robbery with violence

The Nakuru Law Courts. 

Photo credit: Joseph Openda | Nation Media Group

Two men who conducted a series of five armed robberies within a day in Njoro, Nakuru County have been sentenced to life imprisonment.

Principal Magistrate Yvonne Khatambi handed Mr Kirako Ole Kiserian and Mr Smatt Olokurarru the jail term after the court found them guilty of conducting a series of robberies within the same day.

The two while armed with a G3 rifle robbed Paul Mwaniki of Sh40,000, a mobile phone and assorted clothes valued at Sh62,500 and threatened to use actual violence against him on November 21, 2017 at Mwisho wa Lami trading centre in Njoro sub-county, court documents show.

In the second count, again armed with a G3 rifle, robbed Jane Wambui of Sh10,000, a mobile phone worth Sh2,000 and a Sh5,000 scratch card. They also robbed Mr John Kinyangi of his mobile phone worth Sh14,000 and Sh14,000 in cash.

The two were also charged with robbing Mr John Njoroge of Sh3,000 and a mobile phone, and Mr Daniel Ndiragu of Sh4,000 and threatening to use actual violence with a G3 rifle.

But the magistrate acquitted them of the second and fifth counts of robbery with violence.

“The upshot of the above consideration is that the prosecution has proved its case beyond a reasonable doubt. Therefore, I have carefully considered the mitigation [and] I hereby sentence the accused to life imprisonment on the first, third and fourth counts,” the magistrate ruled.

In his testimony, Mr Mwaniki, a businessman in Mau Narok, told the court that he was at his shop at 8pm with two customers when four people entered, locked the door and ordered them to lie down.

He said one of the men approached the counter and took out cash, his mobile phone and airtime cards before proceeding to his neighbour’s house.

He said that when he got up, he realised that the men had stolen seven shirts, six trousers, two gumboots, four belts, a phone worth Sh6,500, a laptop bag and Sh40,000 in cash.

He then reported the matter to the police, who later told him that some items had been received.

Mr Mwaniki, who operates an M-Pesa shop, a clothing shop and other businesses, said he identified some of his stolen property at the police station – a mobile phone, a jacket, assorted shirts and two trousers.

A Narok DCI officer told the court that he was directed to proceed to Duka Moja, where a robbery had taken place. On arrival, he learned that a complainant, Mr Charles Lekabai, had been robbed of Sh450,000.

He said the robbers had left a gun magazine behind as they escaped. He later received a call from Mwisho wa Lami that a group of thugs were hiding in the bush after robbing five other people.

Police arrested the suspects and upon interrogation, they revealed they had committed an offence in Tipis and Mwisho wa lami.

Olukurarru did not say anything in mitigation, but Ole Kiserian denied committing the offence, saying that he never left his house on the material night.

He said he decided to go see his aunt the next morning. He boarded a motorbike but alighted and started walking. Upon reaching Olojorok, he met people who were armed with spears and rungus.

They demanded to see his identification card but after producing it, they notified the chief and he was later bundled into a vehicle with a person unknown to him. He was then charged with robbery with violence.

The magistrate said Ole Kiserian had a duty to explain how and why he was in possession of stolen items, but he had failed to do so.

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