A 47-year-old bachelor who had been arrested for violently robbing a man of his bicycle has been set free by a Mombasa court.
Michael Otieno aka Jayaro was 32 when he and four others ambushed and attacked Charles Okuna in the wee hours of a 2004 morning.
Evidence shows that apart from inflicting injuries on him which the doctor classified as harm, the men stole Okuna’s bicycle valued at Sh3,000.
When they hit him on the head with a metal bar, he raised the alarm. As three of the robbers fled from the scene, Okuna got an opportunity to draw a knife he had in his possession and stabbed the last robber on the upper left arm.
According to the court records, the first person to arrive at the scene following the alarm was his workmate Wilson Odhiambo Agina who witnessed the struggle between Okuna and Otieno.
The witness noticed, as he approached the two, that Otieno was bleeding from the left arm but he still managed to flee. Two weeks after the incident, an officer, Reuben Mutua, received information that led to the arrest of Otieno and recovery of Okuna's bicycle. A raincoat matching the description of that worn by one of the robbers during the attack was also found.
Otieno was subsequently found guilty and sentenced to death. He appealed unsuccessfully.
He then appeared before the Mombasa court for resentencing pursuant to a Supreme Court decision that found the mandatory nature of the death sentence unconstitutional.
In resentencing him, Judge Eric Ogola said Otieno committed a robbery in which nobody was fatally wounded. He said the accused appeared to be remorseful and that a social inquiry report filed in November last year spoke well of him.
“He has already served 15 years in jail. I am persuaded to release him to serve a probation period of two years for the remaining period of his jail term,” the judge said.
Ogola subsequently set aside the death sentence and in place jailed him to a term of eighteen years from the time of arrest.
He directed Otieno to report to the Likoni police station twice every year on June 1 and December 21 until the probation period is fully served.
“Should he be engaged in any unlawful activity during the probation period, he shall be arrested and taken to prison to serve the entire sentence of 18 years,” he said.
Edited by R.Wamochie
