Two men on death row for robbery to serve 30 years

Two men condemned to death 12 years ago for robbery with violence got a reprieve after a court quashed the sentence.

Lawrence Mwenda and Wilson Mworia will serve 30 years in prison, from their first day of arrest. A magistrate’s court convicted them and they lost their appeal at the High Court. But the Court of Appeal overturned their sentence on October 4.

The particulars of the offence were that on March 17, 2012 at Mbirikene village in Mbirikene location, Imenti North, Meru county, Mwenda and Mworia jointly robbed Jackson Mugambi of Sh8,600 and a Nokia phone valued at Sh4,200. Four witnesses testified against them.

At around 7pm on the day of the attack, Mugambi had left home and on his way to the nearby matatu stage he met the two, who stopped him.

Mwenda held Mugambi’s hands at the back while Mworia, who was armed with a panga, pulled out Sh8,600 and the phone from his pocket. The attackers then ran away. Mwenda, in his defense, testified that he was framed over a despute he had with Mugambi.

“His evidence was that the complainant was circumcised in hospital, unlike him who was circumcised traditionally, and due to that they were not in good terms,” the judgement reads.

Mworia also denied the charge. “He testified that the charges against him were a result of differences over circumcision. It was his testimony that he was framed.

He confirmed knowing the complainant, having attended the same primary school with him.” Like the trial magistrate, the High Court judge hearing the appeal rejected their argument. The Court of Appeal also upheld their conviction but quashed the death penalty.

“From the record, all the ingredients of the offence of robbery with violence were present,” the judges ruled.

“On sentence, it is common ground that the complainant did not sustain serious injuries and that the value of the items taken was about Sh12,800.

In the circumstances, we are of the view that the death sentence in this case was manifestly excessive.”