Appeal for 4 robber convicts dismissed
20 March 2012, 17:31
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Four sons of a former colonial provincial administrator Charo Shutu who committed robbery with violence will continue serving life sentence at Malindi prison after a Malindi high court dismissed their appeal.
Mr.Biria Charo Shutu, Festus Kahindi Shutu, Amani Charo Shutu, and Kingi Fondo Shutu were charged that on 28 of September 2006 at Mbuzi Wengi village withothers who were not before the court while armed with offensive weapons robbed Japhet Noti Charo property worth 40,500 and in the process used actual violenceon him.
Their relatives who arrived in court hopping that the high court would reduce their sentence wept in disbelieves after the two bench Judge made their ruling on the appeal.
The convicts, Mr. Biria Charo Shutu, Festus Kahindi Shutu, Amani Charo Shutu, and Kingi Fondo Shutu their appeal was dismissed by two bench judge on Monday.
The two bench Judge made up of Malindi Judge C. Meoli and Mombasa counter part Judge Tuiyott dismissed the appeal claiming that it lacked merits.
They had appealed against life sentence judgment made by Chief Magistrate Lucy Gitari in2010 after they were arrested in 2006.
In their appeal the four convicts challenged the trial Chief Magistrate Lucy Gitari claiming she erred in law and facts in convicting the appellant on the offence of robbery with violence in an assault case and the charge sheet was incurably defective and could not be the basis of their conviction.
They also noted that the evidence produced before the court was weak, fabricated, corroborated and that key witnesses were not called by the prosecution and urged the high court to make a negative inference on that.
Dismissing the appeal, the two Judge bench said the offense committed was not merely a body assault but properties were stolen and taken away from the complainant.
“The appeal against both conviction and sentence is hereby dismissed,” the Judges ruled.
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