Isiolo man gets death sentence for robbery with violence
Isiolo Law Courts where a man who was found guilty of robbery with violence was sentenced to death on October 24, 2019. FILE PHOTO | NATION MEDIA GROUP
A court in Isiolo has sentenced to death a man for robbing a boda boda rider a motorbike, mobile phone and Sh250.
Principal Magistrate Evanson Ngigi on Thursday sentenced Ezekiel Fedha to death after finding him guilty of robbery with violence contrary to Section 296 (2) of the Penal Code.
ATTACK
The court was told that Fedha robbed Francis Mburuki on August 28, 2016 at Mwangaza area in Isiolo.
He also wounded him on the head during the attack.
In his testimony in court, the complainant said Fedha, armed with a crude weapon, robbed and assaulted him as he rode to a nearby school.
“It was around 7pm when the accused found me with two others at Nyara stage and asked me to take him to Isiolo Academy. He attacked me while on the way, walked away with the motorbike and left me for the dead by the roadside,” Mr Mburuki said in court.
The 29-year-old rider was rushed to Isiolo Referral Hospital for treatment where he was admitted for one day. He later reported the matter at Isiolo Police Station.
A medical report submitted in court showed that the complainant had a bleeding wound on his head occasioned with a blunt object but did not sustain any fractures.
Fedha was arrested on April 11, 2017 at Nyara area, eight months after the incident.
“I saw him (Fedha) at Nyara and confronted him demanding my motorbike but he told me that he sold it in Kitengela. He was then arrested,” the complainant said.
The accused in his defence pleaded for leniency arguing that he had been in remand for a long time.
“I am begging the court to consider that I have been in remand for many years,” Fedha pleaded.
The magistrate, while delivering the judgment, said the evidence produced before the court had proved beyond reasonable doubt that Fedha committed the offence.
“I have considered the mitigation by the accused and the fact that he is a first offender but find death sentence as the most appropriate owing to the aggravating circumstances. I accordingly sentence the accused to death penalty,” magistrate Ngigi ruled.
The convict was given 14 days to appeal the sentence.
