Two individuals risk facing the death penalty or life imprisonment if found guilty of robbery with violence, a serious offense under Kenyan law.
Mark Mandu Yaro and Oscar John Omar appeared today before Milimani Magistrate Godfrey Onsarigo, where they were formally charged with robbery with violence, contrary to Section 296(2) of the Penal Code.
According to the prosecution, the incident occurred on April 17, 2025, at the Royal Golf Apartment construction site in Upper Hill. The suspects are accused of violently robbing a security guard of various items, including a generator, an air compressor, four electric cables, three drilling machines, and assorted clips, with a total value of Ksh 422,600.
The court was told that the suspects used actual violence against the guard during the robbery.
In the alternative, the two were also charged with handling stolen property, contrary to Section 322(1)(2) of the Penal Code.
Both accused pleaded not guilty to the charges. The court ordered that they remain in police custody until May 6, 2025, pending the preparation of a prebail report, after which a decision on their bail or bond application will be made.
Robbery:
Section 296(1) states that any person who commits the felony of robbery is liable to imprisonment for 14 years.
Increased Punishment:
Section 296(2) provides for a more severe penalty, including death, if the offender is armed with a dangerous weapon, is in company with one or more others, or uses violence during the robbery.
Elements of Robbery with Violence:
To be convicted under Section 296(2), the evidence must establish the elements of robbery, including the number of assailants, the use of a dangerous weapon, and the use of violence.
