Wednesday
February 8, 2012
February 8, 2012
News
PHOTO/FILE The Nairobi High Court. A man who had been sentenced to die four times was on February 7, set free by the High Court.
By RICHARD MUNGUTI rmunguti@ke.nationmedia.com
Posted Tuesday, February 7 2012 at 20:19
Posted Tuesday, February 7 2012 at 20:19
A man who had been sentenced to die four times was on Tuesday set free by the High Court.
Relatives of Mr Antony Mwiti Njeru screamed with joy when Judges Fred Ochieng and Lydia Achode read the sentence.
Mr Njeru stood pensively in the dock, like a man in a trance.
The former accounts officer at Meru Municipal Council was accused of violently robbing a judge - Justice David Onyancha - of Sh90,000 at gun point seven years ago.
He was sentenced to death by hanging “four times.”
“Justice has prevailed. It is the shield and defender of everyone in Kenya,” one of his relatives who was in court shouted.
The two judges cited several reasons for his acquittal including failure by witnesses to identify him.
“We concur with the appellant’s lawyer Joseph Wagara that there was no proper identification of the assailants of Justice Onyancha,” said the judges in their ruling on Tuesday.
The judges noted that witnesses who appeared before trial magistrate Terry Ngugi contradicted themselves when describing the attackers.
The judge’s wife stated the robber who commandeered her to the bedroom was heavily built, tall and of light complexion.
Mrs Susan Onyancha (now deceased) told the court the robber had a scar on his face.
Mr Njeru is tall, dark and has a scar on his face.
“The judge did not identify his attackers since his hands were tied as he was ordered to lie face down in his bedroom,” the two judges said.
The appeal judges also accepted the alibi of the accused that he was at home with his family when Justice Onyancha was robbed on June 11, 2005.
Mr Njeru’s mother had also testified that he was at home with his son.
Magistrate criticised
Magistrate criticised
The judges also said the rights of the suspect were infringed upon for being detained in various police stations for over 20 days.
“The appeal lodged by the convict succeeds on all the grounds as pleaded by Mr Wagara (his lawyer),” they ruled as they set aside the death sentence and quashed the conviction.
Justices Ochieng and Achode also faulted the magistrate for sentencing the convict to be hanged four times.
“How can one be hanged four times?” the judges asked.
Mr Njeru faced four counts of armed 
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