By Joyce Nzomo
A Mombasa court has sentenced two men to 10 years in prison after finding them guilty of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code.
The convicts, Mnyika Mwadimi Kasidi, 30, and Bora Baraza, 20, were found to have violently robbed Chengo Maluki Kidinya on June 19, 2023, at about 7:30 p.m. in the Nyumba ya Meli area of Likoni Sub-County, Mombasa.
The court heard that the two, jointly with others still at large, robbed the complainant of a Tecno L8 phone valued at Sh5,600 and Sh1,500 in cash. During the robbery, they attacked the victim with a panga, causing serious injuries including broken ribs and a fractured nose bridge.
Principal Prosecution Counsel Barbara Sombo, representing the DPP, presented five witnesses whose testimonies corroborated the victim’s account.
In their defense, Kasidi claimed he was wrongly implicated after finding the complainant already being beaten, while Baraza raised a belated alibi, alleging he was in Ukunda selling phones and further citing a grudge involving the complainant and his family.
However, Senior Resident Magistrate Hon. David Odhiambo dismissed their explanations, terming them inconsistent and unreliable. He noted that Kasidi’s version was contradicted by his own witness, while Baraza’s alibi was raised too late to be tested.
The court ruled that the prosecution had proved the elements of theft and violence, convicting both men under Section 215 of the Criminal Procedure Code. Each was sentenced to 10 years in prison with the right of appeal within 14 days.
