The Court of Appeal on Friday dismissed the appeal of Moses Kamau Ngigi, upholding his conviction and death sentence for robbery with violence and theft.
The ruling by Justices Kiage, Jamila Mohammed, and Korir, marks the end of a legal battle that began with a violent 2008 robbery in Kiambu County.
Ngigi was convicted on two counts of robbery with violence and one count of theft after a gang attack on a woman, Prisca Njeri Gitau, and her watchman.
The robbers made away with a television, mobile phones, cash, and a gas cylinder. Ngigi was arrested the same morning with stolen items found in his possession.
At the heart of Ngigi’s appeal was the argument that the evidence linking him to the crime was flawed particularly the identification process and inconsistencies in the charge sheet regarding the type of phone allegedly stolen. His lawyer, Mr. Kogi, further claimed that the High Court improperly invoked the doctrine of recent possession and that Ngigi was unfairly burdened to prove ownership of the items found.
However, the appellate judges found that the evidence against Ngigi was solid. They ruled that although there was a discrepancy about the phone model, the conviction was based primarily on the recovery of other items such as a Sanyo TV and Meko gas cylinder. The judges held that Ngigi failed to give a credible explanation for possessing recently stolen goods and dismissed claims of procedural unfairness.
The Court also noted that all three elements of robbery with violence were proven: the offenders were armed, acted in a group, and threatened violence.
While Ngigi’s sentence of death was affirmed, the judges noted that the legality of the sentence itself was not under appeal and thus did not address it
