Six prisoners convicted over a series of violent robberies connected to the 2015 killing of former George Muchai returned to court on Thursday, urging the judiciary to grant them leniency as they await formal sentencing.
Appearing before Chief Magistrate Lucas Onyina, the convicts argued that their long time in custody and active participation in rehabilitation programs demonstrate significant personal change.
One of the convicts, Stephen Asitiva, told the court that nearly 12 years behind bars helped him rebuild discipline and leadership skills. He asked the court to consider his conduct in prison and treat his time in custody as a period of reform.
“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,” he said. “An officer in charge in jail said I was behaving well, as per a report I have. Nimejifunza vitu nyingi. I have learned how to conduct myself,” Asitiva added.
Asitiva urged the court to recognize the transformation he claims to have undergone during his incarceration. He said the experience reshaped his outlook on life and gave him the opportunity to reflect on his actions.
“If I can be given a chance, I can educate others. The law has caught up with me, but I was unable to defend myself at the time. I ask the court to consider the time I have spent in custody, as it has rehabilitated me,” he said.
The court previously convicted the six individuals over a string of violent robberies, illegal possession of firearms, and the theft of property valued at roughly Sh1.1 million. Investigators linked the crimes to a wave of attacks that targeted multiple victims during the nights of February 6 and 7, 2015.
The ruling specifically found Erick Munyera, Raphael Kimani, Mustafa Kimani, and Stephen Asitiva guilty on three counts of robbery with violence across separate incidents.
The court also convicted Jane Wanjiru and Margaret Njeri for related offenses connected to the same criminal activities.
During mitigation, defense lawyers urged the court to take into account the family situations of the convicts, particularly the two women in the case.
“Both convicts (female ones) are mothers to minor children, so we pray the court gives time for children to spend time with their mothers,” their counsel submitted.
The legal team argued that separating young children from their mothers would have long-term consequences for the families involved.
Defense counsel also pointed to the reform efforts undertaken by another convict during incarceration. According to the legal team, the individual completed about ten rehabilitation courses while in prison.
The courses cover several areas, including theological studies and paralegal training. Lawyers presented these qualifications as evidence that the convict has worked to rebuild his life and prepare for reintegration into society.
Advocate Danstan Omari, representing the defense, requested two days to respond formally to submissions filed by the Office of the Director of Public Prosecutions (Kenya).
The court will now review detailed mitigation reports before making a final determination on sentencing. Chief Magistrate Lucas Onyina must weigh the claims of reform against the seriousness of the crimes committed.
The court scheduled the matter for mention on March 30, 2025, when it will give further directions on the final sentencing.
