Court slaps two men serving 40 years in jail with life sentence

The two men were convicted on March 29, 2019, by a Nakuru court for robbery with violence. [iStockphoto]

Two men serving 40 years in jail for robbery suffered a major blow after a Nakuru court sentenced them to life imprisonment for robbery with violence.

Principal Magistrate Yvonne Khatambi sentenced Smatt Olokurarru, 35, and Kirako Ole Kiserian, 42, following a probation report idicating the duo was not remorseful even after being convicted and serving jail sentences.

The probation report presented by Rachael Musyimi revealed that the offenders were not remorseful for their actions, and that they had denied committing the offence.

The report showed the accused persons have a criminal history and are currently serving 35 and 40 years imprisonment each, running concurrently at Naivasha GK Prison for a similar offence.

They were convicted on March 29, 2019, by a Nakuru court for robbery with violence.

"The offenders do not express any remorse. They deny committing the offence and believe that they are innocent, claiming that it was a witch-hunt," reads the report in part.

The duo, who were facing five counts of robbery with violence, were convicted after being found guilty of three counts.

It is alleged that on November 21, 2017, at Mwisho wa Lami trading centre in Njoro sub-county, a group of persons armed with G3 rifles threatened and robbed businessman Paul Kamau Sh40,000, a Nokia phone and assorted clothes worth Sh62,000.

In his testimony, Kamau informed the court of the ordeal he went through at the hands of the robbers who entered his shop at around 8pm and ordered him and two of his customers to lie down.

"One of the assailants approached the counter and took out cash, a phone and airtime then proceeded to my neighbour's house. I got up and realised assorted clothes were missing. I lodged a report to the police the next day, only to be called later to come and identify some of the items recovered after the robbery," Kamau said.

The court was told by an officer attached to the Directorate of Criminal Investigations (DCI) in Narok that the accused persons had conducted a series of robberies on November 22 which led to their arrest. One suspect was shot dead and stolen items recovered.

In their defense, Olokurarru remained silent while Ole Kiserian denied committing the offence.

"In light of the fact that the items were recovered in the accused person's possession, the burden shifted to them to explain how they came into possession of the same, which they failed to," the court observed.

While the court ruled that the prosecution had proved its case beyond doubt, it also considered the nature of the offence, the pre-sentencing report, and the views of the victims, and noted that they were repeated offenders, therefore sentencing them to life.