A Kisii high court on Monday dismissed an appeal filed by a bodaboda rider who was sentenced to death after he pleaded guilty of robbing his passenger in 2021.
Victor Nyariki Nyabaru had appealed his conviction and sentence but the court dismissed his appeal for lack of merit.
Justice Kiarie Waweru Kiarie further ruled that Nyabaru understood the charge and all the ingredients thus did not suffer any prejudice as he claimed.
According to the charge sheet, on June 12 2021 Riamasagara area, Bogiakumu location in Kisii South sub-County within Kisii County, robbed Alfayo Kombo Kenyoru of his wallet, hand watch, Tecno mobile phone, camera, laptop and a laptop bag all valued at Kshs. 165,200/= and immediately before and after the time of the said robbery, wounded the said Alfayo Kombo Kenyoru.
Kenyoru evidence was that on that day he arrived in Kisii from Nairobi and took a bodaboda rider who he identified to be Nyabaru to take him to Suneka Iterio.
On the way Nyabaru told him that he was running out of fuel and they went and refilled but a few metres ahead he said the fuel was running low again which made him to become suspicious.
Kenyoru disembarked from the bike and walked away only for the rider to follow him and he claims when he caught up with him, he stabbed him.
“The rider demanded for Kshs.2,000/=. The rider stabbed him in the chest but his employment badge dulled the blow and minimized the penetration. Luckily, he saw a motor vehicle approaching and he cried for help. The rider whom he said was the appellant ran away,” the judgement reads.
While throwing out the appeal, the judge noted that from the evidence adduced in court, there was no doubt that Nyabaru was the attacker and so the conviction was based on facts.
What led police to Nyabaru was his employer the owner of the bike that he was using when he committed the offence.
It was alleged that after stabbing the victim he left the bike and ran away but police traced the owner who identified Nyabaru as his employee who is always with the bike.
