Three carjackers jailed for life
04 June 2014, 21:45
Nyeri - Three men said to be carjackers have been (Wednesday) handed a life sentence by the court of appeal seating in Nyeri.
The court dismissed an appeal filed by Joseph Waiharu, James Mugo and Kevin Murerwa who argued that the same ruling, initially issued by high court was not right.
They had been sentenced to death for violently robbing a taxi driver of his vehicle and other personal effects.
Appellate judges Alnashir Visram, Otieno Odek and Martha Koome found the three men culpable for a robbery with violence offence and upheld a death sentence against them.
The three had been charged with violently robbing a taxi driver of a Toyota station wagon valued at KES 400,000, his driving licence, ID card, ATM card, driving license and three passport size photographs on May 15, 2010.
They were sentenced to death by a magistrate court , a conviction which was later upheld by the Meru High Court prompting them to move to the appellate court in Nyeri.
The court found that they stole the vehicle from George Munyi at Narumoru, in Nanyuki District on the said date.
They were arrested by police in Isiolo on June 11, same year attempting to sell parts of the dismantled vehicle.
However, the appellate court concurred with the High Court ruling that the vehicle was not registered in the driver’s name, and therefore his documents recovered from the three would have never been used for a genuine transaction.
The appellate court dismissed the suspect’s defence that they were selling the vehicle on instruction of its owner from whom they even had a drafted sale agreement for the vehicle’s engine and gearbox.
“Even if the appellants were authorized to sell the vehicle, their conduct in dismantling the engine is inconsistent with sale of a vehicle,” the court noted.
The judges wondered why the suspects were in possession of Munyi’s personal documents which were immaterial to the purported sale of the vehicle.
“The totality of our consideration of the grounds of appeal and the issues of law raised is that we find this appeal has no merit and is dismissed,” ruled the judges.
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