A Mombasa court on Monday sentenced two men to seven years in prison each for their involvement in the robbery of a police officer’s AK-47 rifle and 30 rounds of ammunition during a night attack at Bonje Industrial Park in Jomvu, Mombasa County.
The convictions of Pius Oketch and Kellas Wanyonyi followed a successful prosecution by the Office of the Director of Public Prosecutions (ODPP).
Principal Prosecution Counsel Godfrey Ngigi presented evidence linking the two men to the robbery. Senior Resident Magistrate Hamlick Muriithi Mwenda found that the prosecution had proved its case beyond reasonable doubt.
The court heard that a gang attacked Police Constable James Kobia, who was guarding the industrial park alongside private security guards. The officer was overpowered and robbed of his AK-47 rifle, which was loaded with 30 rounds of ammunition.
One of the security guards was also robbed of a mobile phone.
According to the ODPP, investigators pieced together crucial leads that eventually led to the suspects.
“One of the stolen mobile phones was answered, providing investigators with information that helped establish a network of individuals connected to the robbery,” the ODPP said.
The prosecution also presented evidence showing that Wanyonyi recruited several casual labourers under the false pretext that they had secured night work loading goods at Bonje Industrial Park.
“The group proceeded to the premises shortly before the robbery,” the ODPP said.
Three days after the incident, police arrested Wanyonyi, who subsequently led officers to Oketch’s residence at Narcol Estate.
Investigators found Oketch hiding in the ceiling of the house and recovered the stolen firearm and ammunition.
“Investigators found Oketch hiding in the ceiling and recovered the stolen AK-47, its magazine and all 30 rounds of ammunition concealed in a sack,” the ODPP said in a statement.
Oketch faced charges of conspiracy to commit a felony, possession of a firearm and ammunition without a firearm certificate, and possession of government stores.
He received sentences ranging from two to seven years on the various charges. The court ordered the sentences to run concurrently, resulting in an effective seven-year custodial term.
Wanyonyi was separately sentenced to seven years for conspiracy to commit a felony.
The two men had claimed that they were framed by police officers. However, the magistrate rejected their claims, finding no evidence of personal grudges or fabrication of evidence.
The court noted that 17 prosecution witnesses had provided compelling evidence supporting the convictions.
The ODPP explained that the evidence presented during the trial established the connection between the suspects and the robbery, including the recovery of the stolen firearm and ammunition.
Both Oketch and Wanyonyi were advised of their right to appeal against their convictions and sentences within 14 days.
The case highlights the prosecution of offences involving firearms and government property, with the court ultimately finding the evidence against the two men sufficient to sustain their convictions.