- In mitigation, Onyango asked the court not to impose the maximum penalty provided for robbery with violence, the death penalty as he is a first offender.
- Ochoi ordered for a pre-sentencing report to be tabled in court and the five suspects be detained until February 6.
Image: FILE
On the evening of December 7, 2020, at Mitsumi Business Park Computer Garage in Westlands, two men accosted Daksha Patel at gunpoint and robbed her.
Daksha, a cashier at the Computer Garage, was on duty that evening and after counting the money made that day, she found that it exceeded the allowed amount.
As a good employee, she decided to follow the company policies and take the excess amount to a safe at Golden Tulips before it could be transferred to the bank.
She boarded a lift on the 12th floor carrying with her $150,000 (Sh15 million). With her were two men and two ladies.
On the ground floor, two other men entered the lift before she could get out. One of them was carrying a gun which he pointed at her as the other demanded a laptop bag she was carrying.
He then snatched the bag and ran off. In it, was the Sh15 million, her J7 Samsung phone and cash in her wallet.
Following the harrowing incident, she reported the matter to the police at Parklands who began investigations immediately.
In the obvious procedure, Daksha was required to review the CCTV footage for the day and point out her attackers.
The two men despite having caps on, would later be identified as Bernard Ogutu Oketch and Corporal George Onyango Mtere of Ruiru police station.
She told the police that Ogutu had pointed a pistol at her as Onyango snatched the bag.
Daksha also identified Walter Keverenge, Albert Oketch Achola and Wycliffe Mbarani Mukuviza, who worked at the building.
Even though they were not on the ground floor, they appeared to have been in communication with the two attackers.
The three were arrested the following day. Police would later state that during their statement recording, they confessed that they had part of the stolen money.
Teams were dispatched to their residences where the money was recovered.
Ogutu was arrested at his house in Mathare North before leading the police to Onyango's home in Siaya.
The five were arraigned at Milimani Chief Magistrates Court and faced the charge of robbery with violence.
After the prosecution's case, Senior Principal Magistrate Bernard Ochoi found that the accused persons had a case to answer and put them on their defence.
The cop's co-accused pleaded not guilty, telling the court that police had searched their houses without a warrant and had assaulted them during the investigations.
On his part, Onyango said he was on leave and had travelled to Nairobi from Bondo. He stated that he spent the night of the robbery with violence at his sister's along Jogoo Road.
He claimed that he travelled home the next day and that is when DCI officers visited him, searched his house, took him back to Nairobi and, searched his house and his sister's.
All along, he claimed, they told him nothing about the crime.
He denied the charges saying he had never met his co-accused before the day they were arraigned.
The prosecution, however, said the officer had, after the theft and division of the loot, travelled back to Siaya.
Upon determination of the case, Magistrate Ochoi found that the CCTV footage corroborated the evidence given by Daksha and ruled:
"I find that the prosecution has established the case against Onyango and Ogutu beyond reasonable doubt and accordingly find them guilty of the offence of robbery with violence and convict them under section 215 of the Criminal Procedure Code(CPC)."
Section 215 states that, "The court having heard both the complainant and the accused person and their witnesses and evidence shall either convict the accused and pass sentence upon or make an order against him according to law, or shall acquit him."
Further, Ochoi noted that even though the other three accused persons were not at the scene of the crime, they were found with part of the stolen money.
They were, however, not able to reasonably explain their possession of the same.
He went on to invoke Section 179 (1) CPC, found them guilty and convicted them of the offence of being in possession of suspected stolen property.
Section 179 (1) states that "When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and the combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence although he was not charged with it."
In mitigation, Onyango asked the court not to impose the maximum penalty provided for robbery with violence, the death penalty as he is a first offender with a young family.
"I urge the court not to impose the harsh penalty on me as no harm was occasioned to the complainant. l am very remorseful and seek a pre-sentencing report before sentencing," the officer told the court.
His co-accused sought the court's mercy saying they regretted committing the said offences.
Ochoi ordered for a pre-sentencing report to be tabled in court and the five suspects be detained until February 8, when the court will impose its sentence.