Two men found guilty of robbing a pedestrian after cutting him on the hand and wrist have been sentenced to death by a Kericho court.
Kericho Principal Magistrate Benard Rugut convicted Dominic Kimutai Langat, 32 and Collins Kiplangat Kirui alias Yusuf, 23, after the prosecution proved the case against them.
The two accused persons committed the offence on 17 June 2022 at Kericho Township in Ainamoi sub-county within Kericho County by using excessive force to rob Enock Kiplangat Korir of a Samsung phone, a Rolex watch and a wallet all valued at Sh195, 000.
The court heard that on the fateful day at 1am the victim was walking on foot after leaving a club in the company of a female companion when he crossed the road and as he was making a call for a taxi, he met three men who were armed with a knife and an iron rod.
One snatched his phone, while the other man got stuck with him as he struggled on the ground to save himself from knife stabs, but in the process he suffered wrist and palm cut wounds on his right hand, while the third accused person fled from the scene.
His female companion called a boda boda operator she knew to the scene and together they managed to arrest the first accused who was holding the knife.
Police officers from Kericho police station arrived at the scene after the boda boda rider sent a distress call after members of public threatened to lynch Langat, while Kirui was later arrested at his house in Nyagacho area on the outskirts of Kericho town.
A medical doctor who examined the complainant told the court that he suffered swollen reddish eye, chest pain, hand cut wounds and bruised swollen wrist deep cut on his wrist as injuries sustained during the ordeal. A P3 form was produced before the court as an exhibit in the case.
Langat in his defense gave an unsworn testimony that he was from Chepseon area on that night and along the way he met a crowd who suddenly chased him, assaulted him alleging that he had stolen a phone before they led him to Kericho police station.
Kirui in his defense gave an unsworn testimony told the court that he lived in Nyagacho and on the 20 June he was arrested from his house and joined with two others who were later released on reaching Kericho police station. He denied robbing the complainant.
A probation report tabled before the court revealed the first accused person had previously been charged with the offense of stealing and managed to pay a fine for the offense while the second accused person had spent two years in prison for the offence of stealing and burglary.
Principal Magistrate Rugut found the two accused men guilty of the charge observing that there could be no other explanations as to why the accused persons were arrested and charged with the instant offence other than for reasons of having committed the offence herein.
“All the circumstances points at them as the perpetrators of a heinous offence of robbery with violence at the time. Pitting these to the respective words of mouth in denial by the accused persons, the defenses offered fall short of admissions of crime and or mere denials across the face of good and unbiased evidence adduced on record. In my humble view and on the basis of evidence adduced and circumstances of the case, I am satisfied that the two accused persons presented in this trial are indeed guilty as charged and are thus convicted for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code,” said Rugut.
The court reminded the accused of their right to appeal the sentence within 14 days if dissatisfied.
By Sarah Njagi
