A man who appealed against a 30-year jail term for robbery with violence has now been sentenced to death by a Kiambu court. Gatundu Law Courts had in 2020 sentenced David Waweru to 30 years behind bars.
However, he appealed against the conviction and sentence on grounds that it was excessive, which Kiambu High Court Judge Mary Kasango dismissed.
Justice Kasango noted in her sentence that the Trial Court had erred to have sentenced the appellant on a robbery with violence under section 296(2) of the Penal Code to 30 years when the law dictated that the mandatory sentence was death.
“Trial Court was misguided as many factors were overlooked and sentenced Waweru to 30 years. That sentence was illegal,” she noted.
Particulars of the charge that Waweru faced before the Trial Court were as follows; on July 29, 2015 at Wanjeng area of Githunguri subcounty within Kiambu, jointly with others not before court, robbed Daniel Kariuki of his Samsung mobile phone valued at Sh3,500 and Sh1,500 cash.
He pleaded not guilty and the case was heard during which the prosecution called six witnesses to buttress their case.
Prosecution had told the court that Kariuki was on July 29, 2015 driving a car at 1pm. It was while he was driving the taxi at Githioro area in Gatundu when someone approached and asked for his services. On their way, the client kept talking on phone.
He told the caller that they were almost there. Kariuki said that after about 40 minutes as they turned on a rough road, they came across two men, who also boarded the car and sat at the back seat.
After driving for a while, one of the customers instructed Kariuki to reverse.
As he obliged, the two men tied his neck with a rope and pulled him back.
The person who initially posed as a customer proceeded to the driver’s seat and attempted to start the vehicle but it failed.
They asked Kariuki to help them start the car and when he asked to be released, one of the men stabbed him with a knife on his right hand and chest.
Dr Wycliffe Amol from Gatundu Hospital produced a P3 form, which showed that Kariuki had suffered a penetrating stab wound on the chest. Waweru was 14 days to appeal.
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