The Court of Appeal in Nairobi has upheld the conviction and death sentence of James Mungai Kamau, who was found guilty of robbery with violence in connection with the theft of a motorcycle along Uhuru Highway in 2014.
In a judgment delivered on October 3, 2025, a three-judge bench comprising Justices Patrick Kiage, Lydia Achode, and Joel Ngugi dismissed Kamau’s second appeal, ruling that both the trial court and the High Court had properly evaluated the evidence before convicting him .
Kamau was initially charged before the Makadara Chief Magistrate’s Court in 2014 for robbing Geoffrey Ndeto Mutuku of a motorcycle valued at KSh99,000 and using personal violence during the incident. He was convicted and sentenced to death under section 296(2) of the Penal Code, a decision later upheld by the High Court in 2021 .
On appeal, Kamau argued that his identification was unreliable and that key witnesses were not called. He also claimed that his conviction was based on illegally obtained evidence and that the prosecution had failed to prove its case beyond reasonable doubt.
However, the appellate judges found that the doctrine of recent possession had been properly applied. The stolen motorcycle was traced via a tracking system to Thigio bus stage within two hours of the robbery, where Kamau was found in possession of it. He later led police to the recovery of the motorcycle’s carrier and invoices at a garage, further linking him to the crime .
The court rejected Kamau’s defence that he was merely a mechanic repairing the motorcycle for others, terming it implausible. “The appellant’s possession of the stolen property so soon after the robbery irresistibly pointed to his guilt,” the judges ruled.
They also dismissed his reliance on Article 50(4) of the Constitution, saying there was no evidence that the police obtained the evidence through coercion or illegal means .
The bench reaffirmed that the death penalty remains the only lawful sentence for robbery with violence under section 296(2) of the Penal Code, as clarified by the Supreme Court in the Muruatetu II decision.
Consequently, the Court of Appeal found no error of law in the decisions of the lower courts and dismissed the appeal in its entirety, affirming both conviction and sentence.
