Four Sentenced to Life in Prison for Robbery with Violence

The four-Aron Macharia, Ben Batha, Amos Mutuku and Alex Kamwaki, aged between 30 and 35 years old, were convicted following a two-year trial in which the Prosecution was found to have proved the case beyond reasonable doubt.

Kyuso Senior Principal Magistrate Paul Mayova found the four guilty of robbery with violence under Section 295 as read with Section 296(1) of the Penal Code.

The charge stated that on February 21, 2024, at about 4.18pm in Kamuwongo town, Kyuso Sub-County, in Kitui County, the four, while armed with dangerous weapons, including crowbars and a toy pistol, robbed businessman Peter Mwasi Kamami of Sh. 900,000 and a black bag valued at Sh1,500.

The accused had pleaded not guilty to the charge. However, in his judgment, Magistrate Mayova said the Prosecution had presented compelling evidence, corroborated by witnesses, which discredited the accused persons' alibis and defences.

The court heard that on the material day, the four men trailed Kamami after he withdrew Sh. 900,000 from the Equity Bank branch in Mwingi and headed home in Itivanzou on his motorcycle.

According to the evidence presented in court, the suspects, who were dressed in police attire, caught up with Kamami near Kamuwongo after he slowed down to answer a phone call from one of his workers.

They allegedly rammed him from behind using a hired vehicle, causing him to fall to the ground. He had one of his fingers fractured and his nose and face bruised.

The court was told that the four men then confronted Kamami and stole the black bag containing the Sh. 900,000.

Magistrate Mayova said the complainant was able to identify the attackers because they were not wearing masks or hoods. The robbers reportedly fled in their vehicle after spotting an approaching matatu.

The matatu driver and passengers helped the injured Kamami to Kamuwongo Police Post, where he reported the incident.

The court further heard that, as the suspects attempted to escape, they abandoned their vehicle in the Ngungani area near Kiambere Dam and sought a lift from a passing lorry.

Their escape was, however, cut short when police officers from Kiambere Police Station, who had mounted a roadblock, intercepted and arrested them.

Only Sh340,000 of the stolen Sh900,000 was recovered at the time of their arrest, the court was told. The amount was presented in court as an exhibit.

The magistrate said evidence from the vehicle's tracking system, together with Safaricom phone-tracking data, further strengthened the Prosecution's case and linked the accused persons to the robbery.

Having found the four guilty, Magistrate Mayova sentenced each of them to life imprisonment. He, however, informed them of their right to appeal against both the conviction and sentence within 14 days.