The High Court has set aside a lower court’s ruling that handed a death sentence to two people who were convicted of robbery with violence.
In his ruling on Friday, Justice Ngenye Macharia withdrew the sentence slapped on Brian Ayusi and Paul Bulinda after an accomplice testified against them.
The two, who stole from President Kenyatta’s cousin Ngengi Mwigai in 2013, will now serve an 18-year jail term.
Justice Macharia upheld the lower court’s decision to convict the two but set aside the death sentence.
“I have substituted it (death sentence) with 18 years imprisonment from the time they were arrested,” Macharia said.
The two were found guilty of three counts of robbery with violence at Ngegi Muigai’s home.
The judge convicted them based on the testimony of their co-accused, who said Bulinda sold her a stolen phone, which led the police to her.
The charge sheet read that the two, while armed with crude weapons, stormed Muigai’s house in Kyuna Estate, Spring Valley on December 4th, 2013 and tied up the security guard.
They entered the house and tied up Muigai, his wife and son in the master bedroom and ransacked the entire house for four hours.
The two took all valuables before forcing Muigai’s son to drop them off at a location in Kawangware.
“The appellants were in the house for approximately four hours during which there was a blackout,” the judge said.
“They asked Muigai’s son to drive them and drop them where they wanted to go so they would not hurt them. And that is exactly what happened.”
“In fact, these boys were cordial to the victims, no one was hurt. They told their victims to be calm since all they needed was money. There was violence however when they said they would shoot the son ‘who was very rude’,” the judge said.
Death sentence for What if…
Death sentence for What if other People out there are Murdering and going Scotfree?
It’s based on what they did,…
It’s based on what they did, not what others did.
What did they do that is…
What did they do that is Worse than Murder? Hah? You must be one Educated FOOL?from hell (with no Analytic mind about Real stuff on this Earth) except Ranting.?
Where did the judge get the…
Where did the judge get the 18 years from?
Robbery with Violence as provided by Section 296(2) of the Penal Code is 9 provides that where a person is found guilty of Robbery with Violence, the offender shall be sentenced to death. No two ways about it
who deserves the death…
who deserves the death sentence more, migori governor who Killed a university student or these common thugs? All politicians should also be sentenced to death for robbing Kenyans billions and killing millions of kenyans who cannot access good health care and exposed to dangerous chemicals. The law is only applied to the poor and powerless while the rich and powerful do as they will with no consequences . Until the law can be applied to all evenly, there will always be injustice
Good! Educate them 2??Naives…
Good! Educate them 2??Naives to the Letter (namely Imkgogoo and Xavier).