Court frees man sentenced to death for robbery

A man, who was sentenced to death by a magistrate’s court for robbery with violence got a reprieve after he was set free by the High Court after an appeal.

Mr Anderson Safari Kazungu walked to freedom after Justice Weldon Korir, sitting in Malindi, allowed his appeal and quashed his conviction and sentence.

“The contradictions in the evidence of the prosecution witnesses ought to have been reconciled in favour of the appellant,” Justice Korir ruled.

The Judge also noted that the trial court rejected the defence of Mr Kazungu, which if considered, would have led to a different conclusion.

MOTORCYCLE

The Judge said there was a thread of consistency in the defence case, which was made by way of cross-examination and Mr Kazungu’s testimony in court.

“Coupled with the manner of the appellant’s arrest, I find that the prosecution’s evidence linking the appellant to the robbery was shaky and he ought to have been given the benefit of doubt,” said Justice Korir.

The appellant had been sentenced to death on December 18, 2015 by a Chief Magistrate’s court in Malindi after he was found him guilty of stealing a motorcycle valued at Sh85, 000 belonging to Franklin Shida and at the time of the robbery wounded one Mr Alex Sifa.

BODA BODA

Mr Sifa had told the court that he was a boda boda operator and on January 1, 2014 at about 2pm, he was riding towards Lango Mbaya from Kiembeni when he was flagged down by two young men.

He said the men asked him to ferry them to a place called Dida to visit their aunt and offered to pay Sh1,000.

He said at some point, he slowed down as they were near their destination but one of the passengers grabbed his neck forsing him to let go of the motorcycle and they fell.

Mr Sifa said the two men overpowered him as one one of them had a knife and injured him on the lip.

He said he ran away leaving the two and the motorcycle and later learnt that one man was arrested over the crime.