Investigator pressed to explain gaps in violent robbery case

John Maina and Joseph Kang'ethe, who are charged with violent robbery, when they appeared before Nyeri Chief Magistrate Wendy Kagendo on May 20, 2019. They accused a police investigator handling the case of doing a shoddy job.  PHOTO | JOSEPH WANGUI | NATION MEDIA GROUP

What you need to know:

  • Mr Maina is charged alongside Mr Joseph Kang’ethe Muthoni with two counts of robbery with violence.
  • The court heard that the two suspects were armed with a pistol and used violence against the complainants.
  • The suspects opposed the adjournment of the case, saying they have been in prison remand for more than one year.

A police investigator’s failure to record serial numbers of money recovered from a suspected gun-wielding robber came to haunt him in court during cross examination by the suspect.

Police Constable Newton Njuguna Monday told Nyeri Chief Magistrate Wendy Kagendo that he did not also file a report on his findings after visiting the scene of crime.

In his evidence, the officer said he recovered Sh9,150 from Mr John Maina who was apprehended by members of the public after a violent robbery incident at Nyena matatu sacco offices on May 14, 2018.

VIOLENT ROBBERY

Mr Maina is charged alongside Mr Joseph Kang’ethe Muthoni with two counts of robbery with violence, which they have since denied.

The prosecution witness said the two robbed Ms Evelyn Wangechi Sh234,920 and Mercy Muthoni Sh200,000 at Nyena Sacco offices in Nyeri town at Nanyuki bus terminus on May 14, 2018.

The court heard that the two suspects were armed with a pistol and used violence against the complainants.

But during cross-examination, the court heard that the public recovered Sh55,000 from Mr Maina, who was arrested immediately, and not Sh9,150 as stated by the prosecution witness.

CRIME SCENE

The investigator was also at pains to convince the court and the accused persons that he visited the scene of crime, since he failed to take photos of the sacco’s offices.

Further, the suspects questioned how the officer visited the scene at 5pm and started investigations, while the incident was reported to Nyeri Central police Station at 7pm.

The suspects were also opposed to the adjournment of the case, saying they have been in prison remand for more than one year and that the State is not keen on closing its case.

This was after two other witnesses named failed to appear in court to testify.

The case will be mentioned on June 9 and hearing will continue on June 20.