Convicts win armed robbery case Remain in custody serving over 100 years in separate case

Kisutu Resident Magistrate Court

 Found guilty and sentenced to periods exceeding 100 years in jail, the Kisutu Resident Magistrates’ court last week acquitted four Dar es Salaam residents of robbing a gun from a bank security guard some five years ago.

 

The case was thrown out after the judge deemed it to lack sufficient evidence.

Reading the verdict, Principal Resident Magistrate Cyprian Mkeha, said the prosecution failed to tender sufficient evidence to prove beyond reasonable doubt that the accused were guilty. 

 

He said in their testimony, none of the prosecution witnesses stated for a fact that the accused committed the offence Magistrate Mkeha said the testimony from prosecution witnesses against the accused was different from what was stated in the offence, especially on the gun’s number.

 

This despite reports that one accused, Samuel Oyugi, who was absent from court having as escaped from police custody prior to the hearing. Other accused include Shida Rwanda, Ismail Shabani and Hati Athumani.

 

It was alleged that in December 2010 at the Mwananyamala Akiba Bank branch in Dar es Salaam, the accused stole one machine gun and 30 rounds of ammunition, property of the police force.

 

It was further alleged that, immediately before or at the time of stealing, they threatened Police Constable Fikiri with a pistol in order to retain the said property.

 

Despite winning that case, the accused remain in custody serving more than 100 years after being found guilty on various charges including armed robbery and rape.

 

Under cases number 256/2010, 09/2011, 248/2010 and 250/2010, Shida was sent to jail for 102 years, Ismail 46 years and Hati 70 years.

 

The High Court has acquitted the accused in case numbers 255/2010, 252/2010 and 254/2010.