Two to face hangman over robbery with violence - Daily Nation

Two to face hangman over robbery with violence

Wednesday November 7 2018

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Court finds two men guilty of robbery with violence. FILEPHOTO | NATION MEDIA GROUP 

By JOSEPH WANGUI
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Two men have been sentenced to death by the High Court in Nyeri for robbery with violence.

Simon Kamau and Daniel Mwatha had appealed against the lower court’s decision but did not succeed after Justice Abagail Mshila upheld the ruling on Wednesday.

They were convicted for robbing a woman a laptop and personal items, valued at Sh73,000, while armed with a knife at Dedan Kimathi University area within Nyeri County.

They committed the offence jointly with others not before the court on February 26, 2014.

After committing the offence, the court heard, the suspects abandoned their motorcycle at the scene of crime.

The police carted it away and when the owner went to claim it at the police station he informed the police that Simon Kamau was his employee and the rider of the motor-cycle which then led to his arrest. Mr Kamau upon interrogation led police to his accomplice Mr Mwatha.

“This court is satisfied the appellants were not only convicted on the evidence on identification, but on evidence on a chain of events that led to their arrest. The offence of robbery with violence was proved to the desired threshold,” said Justice Mshila.

The judge also dismissed their claim that the trial court disregarded their defence during hearing of the case.

Mr Kamau explained that on the material date the robbery incident happened, he was at home on the doing cleaning and that he never left the house. He only knew of the robbery incident at the police station. But the trial court was not convinced and disregarded the defence as a mere denial and found that it never overturned the prosecution evidence.

Mr Mwatha, on his side said he was at his place of work employed by Jacqueline Waithera and he left in the evening at 4pm.

But Ms Waithera, in her defence evidence, could not recall the date she had given Mr Mwatha casual work but stated that it was the day he was arrested.

The judge ruled the defence did not displace the prosecution’s evidence as she said the appeal lacked merit.

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