A Nairobi court has sentenced four men to death for a series of violent robberies connected to the 2015 killing of former Kabete MP George Muchai, marking a significant milestone in a decade-long legal battle. Two other co-accused women received 10-year prison terms for their roles in the crimes.
While delivering the sentence on Thursday, Chief Magistrate Lucas Onyina explained that the court meticulously weighed mitigation pleas, pre-sentencing reports, and the lengthy period the accused have spent in custody since their arrest. The court handed the death penalty to Erick Munyera, Raphael Kimani, Mustafa Kimani, and Stephen Asitiva after finding them guilty of robbery with violence. This follows a March 13 conviction where the six accused were found guilty on multiple counts, including robbery with violence and the unlawful possession of firearms and ammunition.
“I have taken into account the submissions made by counsels for the accused persons and the DPP. The court is unable to interfere with the position on the death sentence as provided by law,” Onyina ruled.
The magistrate acknowledged that all the convicts pleaded for leniency and, as first-time offenders with no prior criminal records, technically qualified for some consideration. However, he determined that the sheer brutality of the offenses outweighed their personal pleas. He specifically pointed to the fact that victims were abducted during the robberies, a detail that highlighted the serious and violent nature of their actions.
To account for the time already served, the court ordered that the sentences take effect from the date of the convicts’ initial detention.
In addition to the capital sentences, the court handed Jane Wanjiru and Margaret Njeri 10-year prison terms each for the unlawful possession of firearms and ammunition. This final judgment follows a week of intense arguments from the prosecution, which pushed for the maximum penalty for the four primary offenders. The Office of the Director of Public Prosecutions (ODPP) characterized the crimes as “intentional and aggravated,” noting that the gang used a G3 rifle and pistols to orchestrate a wave of violence that claimed four lives.
“The offences herein were carried out with dangerous weapons… and resulted in loss of life. This calls for the death sentence in line with the principle of proportionality,” the prosecution argued during the submissions.
The State detailed a harrowing pattern of criminal activity, emphasizing the inhuman treatment the victims endured. Witnesses described being blindfolded, shoved into car boots, and driven for hours before being dumped. The prosecution further highlighted the gang’s ruthlessness by citing death threats issued to witnesses during the trial, which forced the state to place one individual under witness protection.
“The gravity of the offence goes without saying… There was a spate of robberies… which resulted in the death of four individuals,” the prosecution concluded. By highlighting the cumulative toll of these “spate of robberies,” the state successfully argued that the severity of the punishment must match the extreme nature of the violence inflicted on the victims and their families.
Despite the harsh sentences for the primary offenders, the prosecution did suggest a degree of leniency for Jane Wanjiru and Margaret Njeri. They pointed to the women’s cooperative conduct throughout the long trial and emphasized that the two had already spent more than 11 years in custody awaiting a final verdict.
In its final determination, the court affirmed that the collective punishments – ranging from a decade behind bars to the death penalty – accurately reflected the severity of the crimes. The magistrate noted that these sentences serve a dual purpose: providing a necessary deterrent to others and ensuring the continued protection of the public from such violent actors.
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