Makindu Magistrates Court on Thursday, July 6, sentenced a man who stole Ksh780, clothes, and a pair of shoes to 20 years in prison.
Senior Principal Magistrate Ireri found Boniface Maingi guilty of robbery with violence in an incident that happened on January 18, 2020, at Emali Township in Makueni County.
"Boniface Maingi was found guilty of forcefully and violently robbing the complainant of a mobile phone, assorted clothes, a pair of shoes, and Ksh 780 at Emali township," ODPP stated in a statement.
"The prosecution led by Catherine Ngari proved the case through testimonies from 4 witnesses."
Prosecutor Ngari used police reports, eyewitnesses and circumstantial evidence to place Maingi at the scene of crime in Makueni County.
Ngari told the could that investigative officers managed to secure the scene of the crime and ensured the safety of the victim and any witnesses.
Section 296 (2) of the Kenyan Penal Code defines robbery with violence as an incident where the offender is armed with any dangerous or offensive weapon or instrument or is in company with one or more other person or persons, or if, at or immediately before or after the time of the robbery, he wounds, beats, or uses any other personal violence to any person, he shall be liable to imprisonment for life.
This section of the Penal Code makes it a more serious offense to commit robbery if the offender is armed with a weapon, is in the company of others, or uses violence against the victim. The maximum penalty for robbery with violence is life imprisonment.
The distinction between robbery with violence and simple robbery is important because the penalties are much more severe for robbery with violence.
Notably, not all robberies that involve violence will be considered robbery with violence under Section 296 (2). Simply robbery is punishable by up to 14 years in prison.
