Nyamira Sh18, 000 robbery incident earn three death sentence

The High Court in Nyamira has upheld the death sentence handed to three men convicted of robbery with violence involving cash and goods worth Sh18,000.

Justice Thripsisa Cherere ruled that the prosecution had proved beyond reasonable doubt that Francis Oruko, Job Morara and Kevin Mogy Thomas jointly carried out a violent robbery at a club in Nyamira Township on November 30, 2023.

Court records show the trio robbed Faustina Moraa of Sh13,000 in cash and alcoholic drinks worth Sh5,000 while armed with a pistol and a hammer.

According to the prosecution, the three entered Moraa’s club posing as customers before launching the attack.

Moraa told the court that the premises were well lit, allowing her to clearly identify the attackers during the ordeal.

She testified that Morara approached her pretending to order alcohol before assaulting and knocking her down. She described him as a well-built man with dreadlocks.

The court heard that Mogy brandished a pistol and guarded another customer, identified as John Joseph Kiage, while Oruko collected money, phones, drinks and other valuables into a bag.

The robbery reportedly lasted between 10 and 15 minutes, giving the victims enough time to observe the attackers.

Kiage corroborated Moraa’s testimony and confirmed the specific roles played by each of the accused during the robbery.

Medical evidence presented before the court showed that Moraa sustained facial injuries, while the club’s security guard, Mariga Ong’ang’a, suffered head injuries after he was attacked outside the premises.

Inspector Eric Kipkemboi Maiyo, who conducted the identification parades, told the court that both Moraa and Kiage independently identified the suspects using distinctive physical features, including dreadlocks, a missing tooth and sunken eyes.

In their defence, the three denied involvement in the robbery.

Oruko claimed he was at home making charcoal, Morara said he spent the night at his home in Rang’enyo with his family, while Mogy maintained he had travelled from Sondu to visit his sick father.

The trio also challenged the identification parades, arguing that the complainants had already seen them before the exercise and that police influenced the process.

However, Justice Cherere found the prosecution’s evidence consistent and reliable.

The court ruled that the identification evidence was properly obtained through formal identification parades conducted before the trial began.

The judge also dismissed claims that the burden of proof had been shifted to the accused persons, stating that the prosecution had fully proved the case beyond reasonable doubt.

Although the appellants argued that the death sentence was harsh, the court held that the punishment was justified due to the use of dangerous weapons and violence during the robbery.

“In the final analysis, having carefully re-evaluated the entire evidence on record, the rival submissions and all the authorities cited by the parties, I am satisfied that the prosecution proved beyond reasonable doubt that the Appellants jointly committed the offence,” Justice Cherere ruled.

The court dismissed the appeal in its entirety, upholding both the conviction and the death sentence.