How fake trade deal led to violent robbery and 20-year sentence

What began as an ordinary workday for Janet Nyakango Ochengo on the morning of April 30, 2021, would soon spiral into a traumatic ordeal that left her battered, breathless and robbed of Sh20,600.

This was under the pretence of buying beans.

On that day, at around 9 am, Janet was approached at her workplace by a man who introduced himself as Benson Ogaro. 

He said he had beans for sale.

The two agreed on the variety and price, and Ogaro told her the beans were at his sister’s home in Poroko, a rural area in Transmara West, Narok.

What seemed like a promising transaction turned into a trap.

Along with another man, the three boarded a probox vehicle from Kilgoris town to Poroko.

Nyakango, eager to buy produce for resale, could not have imagined the danger she was walking into.

When they arrived in Poroko, Ogaro led her to a homestead, saying it belonged to his sister. 

But upon arrival, he told her the beans were in a different location nearby. 

As they walked down a narrow path, the situation turned violent.

The second man suddenly grabbed Janet from behind, seizing her by the neck and pulling her to the ground.

At the same time, Ogaro held her hands tightly and warned her not to scream. 

The two men then searched the pockets of her apron and took the Sh20,600 she had brought to buy the beans.

Janet, injured and reeling in shock, was left on the ground. 

But a group of students happened to be passing nearby. 

Seeing them, the assailants fled into a sugarcane plantation. 

Janet screamed for help, and the passers-by responded

They chased the suspects into the plantation, and with the help of villagers, managed to apprehend one of them

He was nearly lynched by a mob before being rescued by the area chief and police officers, who arrived quickly at the scene

According to testimony from the investigating officer, a search on the arrested man led to the recovery of the entire amount Nyakango had described, 20 notes of Sh1,000, five Sh100 notes, and two Sh50 notes. 

The money was later produced in court as prosecution exhibits.

Nyakango, meanwhile, sought medical attention. 

A clinical officer who examined her on the same day testified that she had tenderness in her neck, difficulty swallowing and a cut on her tongue consistent with being strangled. 

The P3 form was also submitted as evidence.

The case was heard and determined at the Kilgoris Law Courts, where both accused persons denied the charges. 

They claimed inconsistencies in Nyakango’s report, particularly pointing out that she initially told police she was attacked by people known to her. 

They also argued that no weapons were used, and that the offence, if any, was simple robbery, not robbery with violence.

Their appeal was later brought before the High Court in Kilgoris in 2023. 

The appellants argued that the trial court failed to consider contradictions in the evidence and that their identification was unreliable. 

They also contended that the prosecution had not proved the elements of robbery with violence beyond reasonable doubt

However, in a judgment delivered on June 5, 2025, Justice Charles Kariuki upheld the convictions and 20-year sentences.

He noted that the offence fell squarely within the legal definition of robbery with violence under Section 296(2) of the Penal Code.

“The evidence in totality shows that the Appellants were in the company of each other when they robbed the complainant of Sh20,600.00 and immediately before such robbery, the 1st Appellant strangled the complainant and fell her to the ground, occasioning her bodily harm,” the judge stated. 

He noted that the crime did not require weapons to meet the threshold for robbery with violence.

"Robbery with violence is committed in any of the following circumstances: the offender is armed with any dangerous and offensive weapon or instrument; or the offender is in company with one or more persons; or at or immediately after the time of the robbery the offender wounds, beats, strikes or uses any other personal violence to any person,” he cited from a precedent case. 

Justice Kariuki also found that the doctrine of recent possession applied, as the second appellant was found with the stolen money shortly after the offence and failed to explain how he came to possess it.

In his judgment, the judge noted the lack of remorse from the accused, including an attempt to escape from remand during the trial. 

“The offence calls for a deterrent sentence to protect women traders from such schemes and predatory offences, and to dissuade the conscience of those who may consider perpetrating such offences,” the judge stated.