Plea for Leniency: Six Individuals Seek Reduced Sentences in High-Profile Robbery Case
Six individuals implicated in a series of robberies linked to the 2015 killing of former Kabete Member of Parliament George Muchai have presented compelling arguments for leniency before the court. Appearing before Chief Magistrate Lucas Onyina, the group detailed their positive conduct during their time in custody and their active participation in rehabilitation programs, hoping these factors will influence their upcoming sentencing.
The proceedings saw each of the six make personal appeals, highlighting their transformation and remorse. Stephen Asitiva, one of the defendants, spoke of developing leadership skills during his nearly 12 years of incarceration since the events of 2015. He emphasized his unblemished record within the correctional facility, stating, “I have been in custody for over 11 years, and since I have been there, I have not been charged before or confronted anyone during jail time.” Asitiva presented a report from a correctional officer attesting to his good behaviour and highlighted his personal growth, noting, “Nimejifunza vitu nyingi. I have learned how to conduct myself.” He urged the court to view his time served as a formative experience and a significant period of rehabilitation.
Asitiva further implored the court for a chance to contribute positively to society, expressing a desire to educate others. “The law has caught up with me, but I was unable to defend myself at the time,” he admitted, drawing a parallel to the biblical story of the prodigal son to underscore his deep remorse and newfound understanding. He reiterated his plea for the court to consider the rehabilitative impact of his time in custody.
The court had previously found the six individuals guilty of robbery with violence, unlawful possession of firearms and ammunition, and other related offences. These charges stemmed from a string of thefts that occurred on the nights of February 6 and 7, 2015, resulting in the loss of property valued at approximately Sh1.1 million from multiple victims. The court determined that Erick Munyera, Raphael Kimani, Mustafa Kimani, and Stephen Asitiva were directly involved in three separate counts of robbery with violence. Jane Wanjiru and Margaret Njeri were convicted of offences connected to these incidents.
The defence team presented further mitigating factors on behalf of the accused. Lawyers highlighted the responsibilities of some of the defendants, particularly the female convicts, who are mothers to minor children. They submitted a plea for the court to grant these mothers the opportunity to spend time with their children, stating, “Both convicts (female ones) are mothers to minor children, so we pray the court gives time for children to spend time with their mothers.”
Additionally, the defence revealed that one of the individuals had completed approximately ten rehabilitation courses. These included theological and paralegal training, undertaken as part of comprehensive efforts towards reintegration into society. Lawyer Danstan Omari, representing the defence, requested an additional two days to formally respond to submissions made by the Director of Public Prosecutions.
The overarching argument from the defence was that the individuals had already served substantial periods of their sentences and had actively engaged in meaningful rehabilitation while incarcerated. They argued that these efforts demonstrated a genuine commitment to reform and a reduced risk of recidivism.
The court is now set to review the comprehensive mitigation reports presented by the defence before proceeding with sentencing. The matter has been adjourned and is scheduled to resume on March 30, 2025, for further directions. The outcome of this case will hinge on the court’s consideration of the extensive rehabilitation efforts and personal pleas for leniency made by the convicted individuals.
