• Christopher Okello, an officer from the officer of the DCI told the court that the accused person was well identified during the investigations stage.
• Court prosecutor Samson Ng'etich told the court the suspect was a dangerous person when given a non-custodial sentence.
Image: CLAUSE MASIKA
A court in Kibera has locked up for life a city man found guilty of attempted robbery with violence charge.
Nestory Okindo Kimonge was sentenced to life by senior principal magistrate Esther Boke and handed seven years for two other counts.
Kimonge is facing other multiple counts of robbery with violence before chief magistrate Ann Mwangi of the same court.
While giving her verdict, Boke said Kimonge was dangerous, unremorseful and a person on a mission to execute revenge.
“The probation report filed before me shows that the offender’s attitude towards the offence present nothing to rehabilitate on non-custodial sentence,” Boke said.
She that, “The accused person has not even shown the court the act of remorsefulness and he has continued to maintained his innocence even after the court found him guilty.
"He is hereby sentenced to life imprisonment in the count of attempted robbery and seven years each in jail for the counts of being in possession of firearm and being in possession of ammunition. He has the right of appeal within 14 days".
The magistrate directed that each jail term will run after the other.
According to the charge sheet, the suspect, while armed with a pistol, attempted to rob Edwin Muga of his play stations valued at Sh80,000 on December 5, 202 at Saigoni Mutuini area in Dagoreti subcounty, Nairobi county.
During the trial, prosecutor Samson Ng’etich called more than six witnesses, including Christopher Okello, a DCI officer from Kabete.
Muga said he was at his shop when he was attacked by Kimonge.
“I was in my shop, the door was partially closed when I heard some people from outside asking if we had closed. I opened the door to look whether they were my customers,” he told the court.
On opening the door, the two men got inside and one of them sat at the right corner and the other one remained at the door.
“The one at the entrance told the one at the corner to collect the play station game machines that were near him. At this moment, I realised they were robbers,” he told the court.
The thug who was at the entrance was moving in and out of the entrance and at some point, he asked his colleague to collect everything.
He told the court that one of the thugs pointed a pistol at him and threatened to kill him.
“The one at the entrance pointed a pistol at me and I jumped at him and blocked him from shooting. The other one too pointed a pistol at me but I remained firm and continued screaming,” he said.
As he cried out for help, a woman opened the door and pulled the other thug as he struggled with other.
“I managed to snatch a gun from him, Mama Ken had controlled the situation by overpowering the other thug. Neighbors came through and the thug I was dealing with managed to escape. The one before court was arrested and arraigned in court,” he said.
The accused person denied any wrong doing, instead saying his case was that of mistaken identity.
The investigation officer in the matter Christopher Okello, however, rubbished the claims.
“We did an identification parade during our investigations and the accused person was well identified before we arraigned him. He is the one before the court,” Okello said.
Image: CLAUSE MASIKA