Five years ago on June 25, 2019, Abdul Rasheed Ali Hussein was a victim of an attack that halted his big plans for the day.
Before the said incident, Hussein had just withdrawn a million from The Gulf Bank intending to purchase fuel.
He had no idea that someone else had a plan, involving the money.
Shortly after he alighted from his car at Mvita District in Mombasa, a motorcycle parked next to him and the pillion passenger pointed an AK47 at him.
The passenger then ordered Hussein to drop the envelope containing Sh1,950,000 and after picking it up, the robbers left.
Luck was however not on their side as police officers who were notified gave a chase and managed to arrest the passenger.
Later on, the rider was also arrested.
The men were identified as Mohamed Kavata Mwinzi and Hassan Kombo Ngala.
The rider was positively identified by the motorcycle owner who said at about 10 am, Mwinzi told him that the motorcycle had been impounded by the police.
He had the motorcycle's key in his hands.
When the owner went to the police, he learned that his motorcycle had been involved in a robbery.
Mwizi and Ngala were arraigned at Mombasa Law Courts where they were charged with robbery with violence.
The Chief Magistrates Court found them guilty and sentenced them to life imprisonment.
Dissatisfied with the decision, however, the men moved to the High Court and appealed against the conviction and the sentence.
The State however opposed the appeal, contending that the evidence against the convict was overwhelming.
Justice Kiarie Waweru reexamined the case and found that the prosecution had adduced sufficient evidence which proved that the two appellants were involved in the robbery against the complainant.
He noted that the Penal Code under section 296(2) outlines the penalty for the offence of robbery.
It states,:
"If the offender is armed with any dangerous or offensive weapon or instrument, or is in company with one or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, he wounds, beats, strikes or uses any other personal violence to any person, he shall be sentenced to death".
Pointing out that the trial magistrate had not given a harsh sentence, the judge dismissed the appeal.
"The appellants are lucky that the sentence meted out is not legal and no notice for enhancement was given to them. The appeal lacks merit and the same is dismissed," the judgment dated January 11, reads.
This means that Mwinzi and Ngala will continue to serve life imprisonment.