Two cousins who violently robbed a villager of Sh1,300 and a Sh150 T-shirt in Kerugoya have been sentenced to death. [Photo: GhanaWeb]
A High Court in Kerugoya has upheld the death sentence against two cousins who violently robbed a villager of Sh1,300 and a Sh150 T-shirt.
Justice Lucy Gitari found that James Muthike and Anthony Kamau robbed Daniel Chomba on June 18, 2014 at Nyangati Location, Kirinyaga County, while armed with a panga where they also wounded him.
According to the Nation, the duo had been sentenced to death by the Wang’uru Principal Magistrate’s Court after full trial but lodged an appeal at the High Court.
In the appeal, the convicts argued that the magistrate failed to find that the identification by recognition was not free from error of mistakes.
They said they were arrested on suspicion, investigations into the case were shoddy and faulty and their defence was dismissed by the magistrate.
"The court heard that Chomba was working in a rice paddy with one of the suspects, Muthike, and walked home together. At Kimbimbi Market, Chomba bought a T-shirt and Muthike a pair of trousers. Chomba then entered Mumbi Bar, where he drank beer as he watched a World Cup match and later boarded a matatu at around 10 pm to his home in Kirimara Village, towards Embu County," the publication quotes.
It goes on to state that when Chomba alighted, he saw the two convicts and recognised them as they were flashed by the headlights of the matatu.
The two attacked Chomba and attempted to knock him down where Muthike gripped his T-shirt, upon which he removed it and let go so that he could escape. They also frisked his pockets and stole Sh1,300.