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Man handed 10 years in jail for felony and resisting arrest

05 December 2013, 22:15 Joseph Njung’eh

 Nyeri - A man who had been in remand for seven months after failing to raise bond of KES200,000 has been sentenced to 10 years in prison by a Nyeri magistrate court.

John Mwangi Makandi was convicted by Acting Senior Resident Magistrate Christine Wekesa who found him guilty over charges of preparing to commit felony and resisting arrest.

It was said that on April 4, this year at around 3 am, at Parasia Bar in Nyeri town, he was found in possession of a machete and a club.

He faced another count of resisting arrest by two police officers who went to arrest him after being informed of suspicious persons at the bar on the material day. He was sentenced to 5 years behind bars for each count.

The court heard that the convict was just seated at the bar in company of two others when the police officers arrived following a phone call from an informer.

His accomplices escaped on a motorcycle immediately they spotted police but Mwangi was not lucky for he was arrested as he attempted to speed off and was overpowered as he struggled to escape from police hands.

The court was told that after a body search, the weapons were discovered beneath his clothing with the machete hanging on a thread from his shoulder.

However, in his sworn defence, Mwangi denied the charges saying that on the material day was asleep in his house when the officers raided his home and arrested him.

He attributed the charges to a grudge between him and the officers whom he accused of taking his property at the time of arrest.

While issuing the ruling, the magistrate said the evidence of the arresting officers collaborated well and placed him at the scene. She said the convict had an ill motive reasoning that he was found at wee hours in the bar while armed.

In mitigation, the convict prayed for a non custodial sentence, but the plea fell on deaf ears as the magistrate said the offence called for a deterrent sentence given that such cases have been on the rise in the area.

She added that the accused did not demonstrate that he was remorseful and willing to reform.

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