By The News Booth Desk Email, info.newsbooth@gmail.com
A Mombasa court has handed down 10-year prison sentences to two men, Mnyika Mwadimi Kasidi, 30, and Bora Baraza, 20, after finding them guilty of robbery with violence, a serious offence under Kenyan law. The sentencing took place following their conviction for an incident that occurred on the evening of 19th June 2023, at approximately 7:30 pm, in the Nyumba ya Meli area of Likoni Sub-county, Mombasa County. The court proceedings revealed that the two men, in the company of others who were not apprehended, violently robbed Chengo Maluki Kidinya, a local resident.
Court sentences two men for robbery
According to the prosecution, led by Principal Prosecution Counsel Barbara Sombo, the accused were involved in the theft of a Tecno L8 mobile phone valued at Sh5,600 and cash amounting to Sh1,500 from the complainant. The robbery was not just a simple theft; it was aggravated by the use of actual violence. Testimonies from five prosecution witnesses painted a grim picture of the attack, detailing how the complainant was assaulted with a panga, resulting in severe injuries including a head wound, broken ribs, and a fractured nose bridge.
In their defence, the accused presented differing narratives. Mnyika Mwadimi Kasidi claimed that he stumbled upon the scene where the complainant was already being beaten and suggested that his implication in the crime was due to a personal vendetta involving the complainant’s brother. Meanwhile, Bora Baraza provided an alibi, asserting that he was in Ukunda at the time, engaged in selling phones. He also alleged a grudge stemming from the complainant's past marriage to his sister. However, these defences were scrutinized and ultimately dismissed by Senior Resident Magistrate Hon. David Odhiambo.
Defence arguments dismissed by magistrate
In his judgement, Hon. Odhiambo found the defences to be inconsistent and unreliable. He noted that Kasidi's account was undermined by contradictions from his own witness, while Baraza's alibi was introduced too late in the proceedings, preventing the prosecution from effectively challenging it. The magistrate concluded that the prosecution had successfully demonstrated both theft and the use of violence, the critical components of the charge of robbery with violence.
Judgement and sentencing details
Consequently, under Section 215 of the Criminal Procedure Code, the court convicted the two men and imposed the 10-year sentences. They have been granted the right to appeal the decision within 14 days, offering a potential avenue for contesting the judgement. This case underscores the judiciary's firm stance on violent crimes and the rigorous application of the law to ensure justice for victims.
