December 1, 2023

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A man accused of using excessive force to steal mobile phones, an iPad and some cash from a woman in Changamwe has been sentenced to 20-years imprisonment

Arnold Muye Malanga was convicted by Mombasa senior principal magistrate Vincent Adet after the prosecution proved the case against him.

 

Prosecutor Hillary Isiaho had urged the court to grant him a harsh penalty as per the law as the offence was serious.

 

The charge sheet presented in court says Arnold Muye jointly with others who were not before court had on November 16, 2017 robbed Elizabeth Nthambi Mutua off one Sumsung iPad, three mobile phones; Sumsung 5300, Infinix hot note, Huawei Y31 all worth Sh45,000 and Sh.40,000 cash money before shooting her.

 

Muye in his mitigation denied the charges and pleaded with the court to be lenient with him saying he was only bread winner of his young family.

 

“I am a family man with dependents and I am also remorseful, I ask the court to have mercy on me,” he told the court.

 

The magistrate stated that the offence of robbery was proved without any reasonable doubt.

 

Adet further said that the prosecution evidence together with the witnesses testimonies were enough to convict the accused person as they were placing him at the scene of the crime.

 

“the accused person is therefore, convicted to 20-years imprisonment. and I give him 14 days to appeal if he wishes to do so,” said Adet.

 

The court heard that, the victim, Elizabeth Mutua had on November 16, 2021 around 6:15pm closed her business situated along Airport road and boarded a motorbike to her house at Hamisi Estate, on arrival at the gate and paying the rider,two men armed with a pistol surounded her.the man at her right demanded money and she handed over the handbag she was carrying.

On turning to the left she was shot on both legs before the two suspects escaped on an awaiting motorbike with registration number KMCK 203S.

 

She was later rushed to Aga Khan hospital where she was treated.

 

The rider who had carried her together with others were able to follow the motorbike carrying the assailants who abandoned the motorbike at Bangladesh football ground.

 

The motorbike was then taken to Changamwe police station where police launched investigations leading to the arrest of the accused person.

 

 

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