Two handed 10-years in prison over violent robbery in Mombasa

A Mombasa court has sentenced two men to ten years in jail each after finding they were found guilty of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code.

Mnyika Mwadimi Kasidi aged 30 and Bora Baraza aged 20 years were convicted of violently robbing Chengo Maluki Kidinya on June 19, 2023 at about 7:30 pm at Nyumba ya Meli area in Likoni Sub-county, Mombasa County.

The court heard that the two, jointly with others not before court, robbed the complainant of a Tecno L8 mobile phone worth Sh5,600 and cash amounting to Sh1,500, and immediately before the robbery used actual violence against him.

The Director of Public Prosecution called five witnesses whose testimonies established that the complainant was attacked, cut on the head with a panga, and sustained serious injuries, including broken ribs and a fractured nose bridge.

In their defence, the first accused claimed he only found the complainant being beaten and alleged he was framed due to a grudge with the complainant’s brother.

The second accused raised an alibi, saying he was in Ukunda selling phones, and further alleged a grudge with the complainant, who had previously been married to his sister.

In his judgement, Senior Resident Magistrate David Odhiambo dismissed the defence’s as inconsistent and unreliable.

The first accused’s version was contradicted by his own witness, while the second accused’s alibi was raised late, denying the prosecution the opportunity to test it.

Odhiambo ruled that Prosecution had proved both theft and violence, the key ingredients of robbery with violence.

He convicted the two under Section 215 of the Criminal Procedure Code and sentenced each to 10 years’ imprisonment.

They were granted the right to appeal within 14 days.