Man guilty of both unlawful possession and handling of stolen gun to serve a 7 year concurrent sentence

by Mahakamani News
Makadara Chief Magistrate Heston Nyaga

A Nairobi court has sentenced a man for a 7 year imprisonment term. The man had been charged with two counts. 

In the first count he was found guilty of being in unlawful possession of a stolen firearm loaded with ammunition whereas in the second count he was found guilty of handling stolen goods.

Of the 7 years that the accused, Stephen Karanja Kiarie, is set to serve: five years are for handling stolen goods contrary to Section 322 of the Penal Code whereas 7 years are pursuant for the accused being in possession of a firearm and ammunition contrary to section 89 of the Penal Code.

The particulars of the case are that Stephen Kiarie was accused of violently robbing Patrick Kilemi Kiruri a glock pistol and seven bullets commercially valued at Ksh. 300,000 on July 11, 2016.

Nearly a year later on May 24, 2017, the accused was arrested inside his house at Mowlem in Njiru Subcounty where he was found in possession of the stolen property.

In the judgement, Makadara Chief Magistrate Heston Nyaga said that the prosecution had proved its case beyond reasonable doubt.

However, the man was given a concurrent jail term meaning that he would be imprisoned for seven years instead of 12 years . Nonetheless, the Judge stated that the jail terms would run from June 2017 when he was arraigned and charged in the court and that he would remain in jail for the next five years.

“It is not lost on me that Nairobi City has become quite a dangerous place to live in; armed robberies are the order of the day. The accused’s possession of a firearm without a license is a prima facie evidence of his position to commit robberies” the judge said.  “The accused is a young man without any disability. He has to learn to work in a lawful manner to earn a living. Shortcuts to wealth do not last,” he added.

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