When Ian Zhorn Omondi boarded a motorbike from Mariakani town to Mariakani weighbridge on January 23, 2016, he did not anticipate an attack.
Omondi had traveled from Nairobi to Mariakani when his vehicle developed a problem at the weighbridge. He went to get part of the vehicle that had the problem.
He boarded a motorbike after getting the spare part.
As they approached their destination, the person carrying Omondi engaged with two other riders.
Suddenly, without warning, Omondi was struck by a piece of wood. The blow knocked him unconscious.
When he finally regained consciousness, he found himself naked, and his possessions – phone, ATM card, motor vehicle brake pads, and Sh9,000 – were gone.
Thankfully, a kind passerby provided Omondi with a pair of trousers and directed him to the local police station.
Subsequently, investigations led to the identification of the three culprits: Kennedy Ngige Kamau, Samuel Kilawa Wambua, and Yusuf Mwachiro Mwambeyu.
While the motorcycles they used turned out not to be theirs, ownership was established by the actual owners.
During the trial, Omondi positively identified the suspects in an identification parade.
When put on a defence, Samuel said on the day of the offense he was at Mariakani when a police swoop was conducted and he was arrested.
Kennedy told the court that he was on his way from Mombasa to Mazeras. When he got to Mazeras, he hit a matatu and fell down on the road.
He was then taken to Mariakani Police Station and charged with an offence he claimed he knew nothing about.
On his part, Yusuf said on January 24, he went to Mariakani Police Station to check on his friend who had been arrested. He was then asked by police to join an identification parade and then was arrested.
The court found them guilty of robbery with violence and sentenced them each to 10-year imprisonment.
This judgment, delivered on May 7, 2021, was appealed at the High Court in Malindi.
The appeal was based on the argument that the trial court failed to consider the period the accused had spent in custody pending the trial.
Judge Stephen Githinji reviewed the issues and acknowledged that the trial court recognized the former mandatory death penalty, which had since been deemed unconstitutional in 2017.
Judge Githinji further noted that the trial court had factored in the mitigation offered and time spent in custody.
"I am satisfied that the trial court did consider the time spent in custody by Samuel, Kennedy and Yusuf pending the trial," he said while delivering judgment on August 9.
Ultimately, Judge Githinji dismissed the appeal, upholding the 10-year jail term.
As a result, the three men will serve the sentences as ordered by the trial court.