Three sentenced to death for attacking journalist’s mother in Nyamira

BY ERIC ABUGA

Three people said to be part of a gang that has been terrorizing residents of Nyamira County and escaping to their hideout in Sondu, Kisumu County have been sentenced to death.

The magistrate's court in Nyamira sent the three to life in prison after they were found guilty of robbing and injuring a journalist's mother.

Francis Oruko Ouru, Job Morara and Kevin Mogi Thomas on the 30th day of November 2023 at Nyamaiya Township in Nyamaiya sub location in Nyamira County jointly robbed Faustina Moraa Sh 22,000, Itel cell phone valued at Sh13,000 assorted drinks valued at Sh5,000 and at the time of such robbery with violence used actual violence to the said Moraa.

The court said a security guard, Wilfred Mariga was short in the head and admitted to hospital. His injuries were confirmed by an audiologist who produced medical records and forms.

"Each of the accused persons is sentenced to death," the Resident Magistrate’s judgement read in part.

This is after the prosecution proved its case beyond reasonable doubt.

The court said officers from the DCI conducted thorough investigations and identification parades as per the law, adding that the three were positively identified by Faustina Moraa (Editor Everlyne Kwamboka's mother), her husband John Joseph Kiage and watchman Wilfred Mariga.

Dr Kennedy Masira of Nyamira Teaching and Referral Hospital also produced documents to support his testimony that Moraa and Mariga were injured during the robbery incident.

"The court finds that the complainant was robbed of property, that violence was used, and that the offense was committed by more than one person acting on consent. The accused people were positively identified and linked to the offence,” the Judgement reads.

Nyamira Resident Magistrate Christabel Aguttu ruled that the accused persons are convicted of robbery with violence contrary to sec 296(2) of the penal code.

She said the allegations are not a mere procedural formality, but involving a brutal assault upon a businesswoman and her staff. The theft of property and the wielding of a firearm in a public establishment.

"The case has been followed with intense scrutiny, and the court is cognizant of the duty to dispense justice not in the shadow of influence but in the light of truth."

In the case, the prosecution called six witnesses.

In his evidence, D Masira said the victim represented by Lawyer Kethie Kilonzo was admitted in hospital on November 30, 2023, and discharged on December 4. 2023.

The court said the mother to Oruko appeared in court earlier and claimed that her son had stayed at her home the entire day and that even in the night, he never got out and that she would have heard him leave the house.

She told the court that her son never owned a gun and that he was a charcoal burner.

Thomas Nyarumi Gisemba, the father to Kevin, testified that his son was not leaving home but he had invited him to go for medication.

"I had called Kevin home to come, and I took him to hospital," he said.

However, the court said the two defense witnesses failed to produce evidence in support of their claims.