KENYA: MAN FOUND GUILTY OF ROBBERY, RAPE AND ASSAULT SENTENCED TO DEATH

February 7, 2012: A 30-year old man found guilty of violent robbery, rape and indecent assault has been sentenced to death by a Thika court, in Kenya.
John Mburu Wambui was convicted and sentenced by principal magistrate B J Ndeda.
His co-accused, Zachariah Kamande Kabera was acquitted of similar charges for lack of evidence.
The two had been charged that on May 21, 2010 at Murera, Ruiru, in Kiambu county, jointly with others not before the court while armed with pangas robbed Julius Mwangi Mburu off his Chloride Exide battery, a pair of gum boots, a pair of sports shoes, a panga, mattock, mobile phone and Sh10,500 in cash.
Separately the accused were charged with rape and indecent assault of two sisters, who are the complainant's daughters during the robbery. The accused had denied the charges and had been remanded since then.
In his judgement, the magistrate said the prosecution, led by chief inspector Kenneth Kiruai, had proved its case against the second accused beyond reasonable doubt. "As for the first accused, no incriminating evidence has been adduced to pin him down. I therefore acquit him accordingly unless he is otherwise lawfully held," the magistrate said.
Ndeda said it was at 8.10pm when the complainant was in his house having supper with his wife, Jane Muthoni and children. The dogs started barking and the wife went to check. She spotted six men brandishing pangas. She told them to identify themselves but instead, they forced their way into the house and started beating everyone and demanding for money and other valuables. (Source: Allafrica.com, 7/2/2012)