How man robbed family of five more than Sh1.2 million

Peter Ochieng Okongo and his family were having a fairly normal Wednesday when some thugs broke into his home and stole goods worth more than Sh1.2 million.

On May 2, 2012, Ochieng returned home at Dam II Estate in Langata,  from buying medicine for his child and found his wife with a friend who had gone to see the new baby.

His wife, Nancy Khisa, escorted the visitor shortly after and Ochieng walked to the kitchen to put the medicine at the refrigerator.

As he walked out, eight men entered his house armed with pistols, which they pointed at him and ordered him to lie down. It was around 2pm.

They asked for the car keys as one of the robbers took his  wallet and phone, a Nokia E72.

The court heard that Ochieng told the men that he had Sh50,000 which he had just withdrawn.

They asked for Pin Number to his M Pesa account and his ATM cards for Barclays and CBA banks, and removed his wedding band.

It was at this point that his wife walked in and was also ordered to lie down. Same orders were given to the house help who had been summoned from the kitchen. 

Ochieng testified that he was then tied and blindfolded. 

His niece, Becky Khisa walked in and was ordered to follow suit.

The robbers then began loading household items in his car including two gas cylinders, cutlery, sufurias, wine glasses, and carpet. Other items stolen included two TV sets, a DVD player, two phones and Ochieng's Toyota wish valued at Sh1,200,000.

Six of the thugs drove away while two were left and kept communicating with the rest about how far they had gone.

Nancy swore to the court that she identified two of the men as she had seen them standing not far from the house when she escorted her friend.  

She said one of the men took her watch, gold earrings, wedding ring and her ATM card for Equity bank.

When the two robbers left, Nancy said she took a knife and unbound herself before proceeding to free her husband and the others.

Ochieng's wife had only been tied on the legs as at some point when the crime was being committed, she was allowed to breastfeed the baby.

She then reported the incident to Lang'ata police station. When she was called in for an identification parade, she was able to identify John Kumuru Ngwiri, the  appellant.

The prosecution also presented a police officer as a witness. Gabriel Ndungu Wainaina was assigned to probe the incident on May 3, 2012.

He said they were assisted by personnel of Safaricom to trace and arrest the suspects.

In his defence, Kumuru who had been arrested in possession of one of the stolen phones - a Samsung- claimed he had found it under a Githurai/ Nairobi matatu chair.

The trial Magistrate at Kibera Law Courts on September 21, 2018,found that the prosecution proved the charges beyond reasonable doubt and convicted the appellant of three counts.

Kumuru was sentenced to 20 years on each charge and the sentences were ordered to run concurrently.

He challenged the sentence in the High Court  which upheld the trial court's decision in a judgement on April 29, 2020.

On June 16, 2022, the appellant then moved to the Court of Appeal on grounds that the trial Judge erred in law in failing to analyse and scrutinise the evidence before the lower court on findings of fact, in failing to make a finding on the contradictions in the ownership and proof of exhibits and in failing to find that the appellant was not properly identified in the parade.

In a submission to the court on March 26,2023, the state said the findings of fact by the trial court sufficiently supported the conviction of the appellant.

The Appellate Court judges Asike-Makhandia, Sankale ole Kantai and Mwaniki Gachoka found that the trial court and the High Court had not erred in their judgments. 

"We are in agreement that both courts below arrived at the correct conclusion as to the appellant's culpability and that the appellant's conviction is safe," they ruled.

"The upshot of the foregoing is that the appeal has no merit and we hereby dismiss it in its entirety."