A man from the Kibera area, Nairobi County was found guilty of robbery and handed a life sentence for stealing from a Chinese investor.
During the sentencing, on Tuesday, February 22, the suspect was accused of stealing Ksh30,000 and a mobile phone. Kibera Senior Principal Magistrate Esther Boke ruled that the prosecution’s arguments had convinced the court that the accused merited the sentence.
The prosecution presented five witnesses before the court to testify against the suspect. According to the Chinese national, the accused accosted him inside an elevator where he removed a machete and threatened to harm him.
However, the Chinese investor told the court that he did not understand the language that the accused was speaking and it took the help of a household to interpret for him what his assailant wanted.
The household informed the foreigner that the accused was demanding Ksh30,000. The complaint added that he complied with the orders and handed the accused the money. “I opened the main door of the unit and all of a sudden I saw him removing a panga and he started threatening me by waving and shouting a language that I could comprehend.
“He waved the panga and threatened to cut me. He demanded that I give him Ksh30,000 and after that, he ran away,” the investor narrated.
The punishment for robbery with violence as provided for in section 296(2) of the Penal Code provides that in case of a conviction the offender shall be sentenced to death.
Notably, last week the court made a landmark ruling and took away the president’s powers to determine the fate of minors who have been found guilty of violating the law. Justice Abida Ali Aroni declared that Section 25(2) and (3) of the Penal Code is inconsistent with the Constitution. He noted that holding minors under the president’s pleasure is severe and unfair as the Penal Code gives an indefinite sentence.
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