By Tajeu Shadrack Nkapapa
A court in Mombasa has imposed substantial prison sentences on two individuals, with Julius Gitonga receiving a term of 40 years and Joseph Mukabana being sentenced to 30 years, following their convictions for robbery with violence and murder.
Both Gitonga and Mukabana were found guilty on three counts of robbery with violence, in contravention of Section 296(2) of the Penal Code.
Additionally, the Office of the Director of Public Prosecutions reported that Gitonga was convicted for unlawfully possessing a firearm and ammunition without a valid certificate, in breach of the Firearms Act.
Shanzu Senior Principal Magistrate, Hon. Yusuf Abdalla Shikanda, stated: “The first convict (Gitonga) shall serve additional sentences for robbery as he was responsible for shooting and killing the deceased in cold blood.”
“The Director of Public Prosecutions (DPP), represented by Assistant Director Ngina Mutua, informed the court that the two men, armed with a pistol, robbed the family of Ken Kamto at their Nyali residence in Mombasa of valuables, including three mobile phones, in 2018, before shooting Kamto,” the ODPP said on an X post.
The prosecution introduced testimony from 24 witnesses, which encompassed Kamto’s spouse, their domestic assistant, law enforcement officials, a firearms examiner, a ballistics specialist, a government analyst, and an expert in cybercrime.
“No punishment can restore the life of the deceased. However, the court must deliver a clear message that crime does not pay. After considering all the relevant factors, including the Probation Officer’s recommendation, I agree that a non-custodial sentence is not viable,” remarked Hon. Shikanda.
The court considered several factors when deciding on the sentence, including the gravity of the crime, the age of the defendants, their status as first-time offenders, and the possibility that the offense could result in a death penalty.