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Man sentenced to death for theft of motorbike, mobile phone and Sh250

A man who robbed a boda boda rider of his motorbike, mobile phone and Sh250, has been sentenced to death by a court in Isiolo.

Principal Magistrate Evanson Ngigi on Thursday sentenced Mr Ezekiel Fedha to death after finding him guilty of robbery with violence contrary to Section 296 (2) of the Penal Code.

ROBBED

The court was told that Mr Fedha on August 28, 2016 at Mwangaza area in Isiolo, robbed Francis Mburuki of the Sh91,000 motorbike, Sh2,500 mobile phone and the cash.

He also wounded him on the head during the attack.

In his testimony in court, the complainant said Mr Fedha, armed with a crude weapon, robbed and assaulted him as they rode to a nearby private school.

“It was around 7pm when the accused found me with two others at Nyara stage and asked me to ride him to Isiolo Academy. He attacked me while on the way, walked away with the motorbike and left me for dead by the roadside,” Mr Mburuki narrated in court.

The 29-year-old was rushed to Isiolo Referral Hospital for treatment where he was admitted for one day. He later reported the matter at Isiolo Police Station.

WOUNDED

“We were shocked to see Mburuki wounded (on his head) while being rode on someone else’s motorbike and we rushed him to the hospital for treatment,” Martin Kimathi, a boda boda rider and witness told the court.

A medical report submitted in court showed that the complainant had a bleeding wound on his head occasioned with a blunt object but did not sustain any fractures.

Mr Fedha was arrested on April 11, 2017 at Nyara area, eight months after the incident.

“I saw him (Fedha) at Nyara and confronted him demanding my motorbike but he told me that he sold it in Kitengela. He was then arrested,” the complainant further narrated.

LENIENCY

The accused, in his defence, pleaded for leniency, arguing that he had been in remand for a long time.

“I am begging the court to consider that I have been in remand,” Mr Fedha pleaded.

The Magistrate, while delivering the judgment, said the evidence produced before the court had proved beyond reasonable doubt that Mr Fedha committed the offence.

“I have considered the mitigation by the accused and the fact that he is a first offender but find death sentence as the most appropriate owing to the aggravating circumstances. I accordingly sentence the accused to death penalty,” Magistrate Ngigi ruled.

The accused was given 14 days to appeal.