Court acquits robbery with violence suspects
06 September 2013, 20:06
Nyeri - Three men facing robbery with violence charges were on Friday acquitted by a Nyeri court for lack of sufficient evidence.
Chief magistrate Wilbrodah Juma acquitted John Maina Maguria, Gerald Kamau Nderu and Jeremiah Macharia of the charges after the prosecution failed to prove the case against them.
The trio had been charged that on July 27 last year at Beans Guest House within Nyeri town, with others not before court and armed with iron bars and knives, they robbed Winsion Muzembi of his Toyota salon car, a Nokia mobile phone and 100 liters of fertilizer, all valued at KES. 1,087,000.
While delivering her judgment, the magistrate observed that the evidence produced by the prosecution on the stolen vehicle lacked backup on how the vehicle was stolen.
She said the main witness did not give a satisfactory account of how the incident took place.
In addition, she said the prosecution failed to prove how the first accused was found in possession of the phone believed to belong to the complainant while he was alternatively charged with handling stolen goods on the same date at Majengo slums in Nyeri town.
She blamed the investigating officer of failing to adduce evidence against the accused regarding the allegedly stolen phone.
The magistrate also said the alternative charge against Jeremiah Macharia, of being found in possession of three rolls of bhang at the time of arrest, was not proved beyond reasonable doubt after the prosecution failed to produce exhibits in court.
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