Court has convicted and jailed two people arrested while armed with a toy pistol in Huruma estate in Nairobi for two years after securing a deal for a lesser sentence with the office of the Director of Public Prosecutions.
The two suspects Fidel Castro and Joshua Osotsi were charged with preparation to commit a felony contrary to section 308 (1) of the Penal Code.
They were also charged with being in possession of an imitation of a firearm in contravention of section 34 (10) of the Firearms Act and were languishing in remand after failure to secure bail and bond terms until the plea bargain deal.
The two criminals had agreed to a jail term of two years if they agreed to plead guilty, during the negotiations with the ODPP.
Senior Principal Magistrate Justus Kituku of the Makadara Law courts had however warned the criminals that the agreement between them and the ODPP amounted to pleading guilty to the charges and the court has powers to disregard the sentence suggested in the deal between them and the ODPP and jail them as per the law.
Mr. Kituku had also informed the criminals that after pleading guilty to the charges in accordance with the deal, and upon being convicted and sentenced, they can only appeal against the sentence but not the conviction.
But they admitted the charges despite the disclaimer and the magistrate granted the two years jail term proposed by the ODPP and agreed on by the two criminals.
Kituku however, indicated that the sentence starts from March this year when Castrol and Osotsi were put in remand after being charged.
The court heard that the two were arrested in Kwa Mbuthia area in Huruma, by police officers who went for the rescue of members of the public who were being terrorized by the two criminals at a local hotel after receiving information that had received information about the same.
