A Kibera court has jailed three people accused of stealing items worth Sh18 million from a city restaurant to two years in jail.
The three Fanuel Murundo Elijah, Dennis Ndungu Mwaura and Patrick Muruiki Karuga were jailed by senior principal magistrate Electina Rihani after the prosecution successfully proved the case against them.
While giving her sentencing, the magistrate noted that the prosecution proved the case against the accused person and dismissed their defense.
“I have carefully considered both the defense and the prosecution’s case, I found that the accused person committed the offence and after considering their mitigations, I therefore sentence them to two years in jail, the accused person can also pay a fine of Sh2 Million each for the same,” said the magistrate.
According to the charge sheet, the three committed the offence between April 15, 2020 and March 16, 2021 at the headquarters- Inn Hotel and restaurant along Langata Road within Nairobi County.
The charge sheet says that they jointly conspired together with others not before the court to steal assorted Gymnasium, Hotel and Restaurant equipment’s all valued at Sh18, 240,000 the property of a city businesswoman
They all denied the charges and were out on a bond of Sh 1 million each.
While testifying in court during the trials, Jackson Kadara, a witness in the case told the court that he was working at a car bazaar a neighbor to the hotel where the offence was committed.
“I was working near the headquarters Inn hotel, I saw the caretaker of the hotel who is the accused person in the case and was also my friend. In March 2021 and April 2022 I saw the lorry which came and picked some seats, I asked the caretaker why the hotel owner was removing everything and he told me that the complainant had a plan to rent the facility,” he told the court.
He testified in court that on the next day another lorry visited the place and again some items were picked and driven off.
“The other day I also saw another lorry arriving at the facility, some big machines were picked from the gym door and were packed in it, I was not concerned but later when I asked him what was happening, he told me that the Complainant (MAMA) had sent his brother to pick the items as she was renting the place,” he told the court.
He testified in court that one day, the complainant visited the place to clean alongside a certain girl but she was very shocked.
“When she arrived, she started screaming that her items had been stolen. I quickly told her what was happening and how her caretaker was behind all the theft, the matter was reported to the police and all the accused persons were arrested and arranged in court.
In court they placed a spirited defense telling the court that they never committed the offence.