Two men who were sentenced to death 12 years ago for robbery with violence have received a reprieve after a court quashed their sentence. Lawrence Mwenda and Wilson Mworia will now serve 30 years in prison from the date of their arrest. They were initially convicted by a magistrate’s court, and their appeal to the High Court was unsuccessful. However, the Court of Appeal overturned their death sentence on October 4.
The details of the offense indicate that on March 17, 2012, in Mbirikene village, Imenti North, Meru County, Mwenda and Mworia jointly robbed Jackson Mugambi of Sh8,600 and a Nokia phone valued at Sh4,200. Four witnesses testified against them, describing the events of the attack.
According to the victim, Mugambi was on his way to a nearby matatu stage around 7 p.m. when he encountered the two men, who stopped him. Mwenda held Mugambi’s hands behind his back while Mworia, armed with a panga, pulled Sh8,600 and the phone from his pocket before they fled the scene.
In their defense, Mwenda claimed he was framed due to a dispute with Mugambi, stating, “His evidence was that the complainant was circumcised in hospital, unlike him who was circumcised traditionally, and due to that they were not in good terms.” Mworia also denied the charges, asserting that they stemmed from differences over circumcision and confirming his familiarity with the complainant from their primary school days.
Both the trial magistrate and the High Court judge dismissed their arguments. Although the Court of Appeal upheld their conviction, it quashed the death penalty. The judges stated, “From the record, all the ingredients of the offence of robbery with violence were present.” They further noted that “the complainant did not sustain serious injuries and that the value of the items taken was about Sh12,800. In the circumstances, we are of the view that the death sentence in this case was manifestly excessive.”
