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Man sentenced to death for issuing threats during phone, cash robberies

Kibera Principal Magistrate Christine Njagi emphasised that the death penalty remains legal in Kenya and has not been declared unconstitutional

A middle-aged man has been sentenced to death by a Kibera court after he was found guilty of stealing two phones valued at Sh39,000 and Sh30,000 in cash.

The convict, identified as Isaac Khanga, was sentenced to death after the court established that, immediately before the thefts, he threatened to use actual violence against the victims.

”Khanga was found guilty of robbing two men of mobile phones valued at Ksh39,000 and cash amounting to Ksh30,000. The court established that, immediately before the thefts, he threatened to use actual violence against the victims,” the Office of the Director of Public Prosecution (ODPP) said.

The ODPP narrated that the offence was committed in November of last year in the Madiaba area of Kawangware, Dagoretti North.

In the first instance, Khanga stole a Tecno mobile phone worth Sh24,000 and Sh30,000 in cash. In the second incident, he robbed another victim of a phone valued at Sh15,000.

While delivering the judgment, the court stated that the prosecution, which was led by Ann Murage, proved the charges beyond a reasonable doubt.

The court also heard that Khanga committed the crimes jointly with accomplices who were not before the court.

While delivering her judgment, Kibera Principal Magistrate Christine Njagi emphasised that the death penalty remains legal in Kenya and has not been declared unconstitutional.

Khanga received two death sentences, one for each count, although one will be held in abeyance.

Khanga was formally charged mid of mid-November last year by the ODPP.

Section 296 (2) of the penal Code considers robbery with violence serious, with the offender being punished by sentence to death if the robbery was with violence.

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According to the Code, even if no one is killed during the robbery, the use of threats, weapons, or working with an accomplice is enough to trigger the penalty.

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