Success Story of Moses Ndegwa Ngugi
Republic vs. Moses Ndegwa Ngugi – Crim. Case No.602/17
Moses Ndegwa Ngugi heaved a sigh of relief and shed tears of joy after receiving a positive judgment from the Chief Magistrates’ Court at Gatundu, Kiambu; the Chief Magistrate L. M. Wachira found that Moses had no case to answer and acquitted him under Section 210 of the Criminal Procedure Code. Moses Ndegwa Ngugi was charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.
The facts of the case being that the prosecution alleged that on 1st June 2017, at around 1.15am, the accused person with others not before the court armed with crude weapons namely axes, pangas and craw bars invaded the house of one Lucy Wanja Waiganjo and gained entry into her sitting room after cutting the window grills with an axe and robbed her of her wedding ring, mobile phone make infinix and Kshs.3, 000/- all valued at Kshs.22,700.
The accused was identified in a police parade allegedly based on his voice. Kituo Cha Sheria advocate, Rhoda Maina was on record on behalf of the accused person and during the hearing, the prosecution called 5 witnesses and after closing its case, Ndegwa’s advocate filed her submissions. The Court strongly considered the circumstances of identification as narrated by the witness and in their considered view; circumstances on the night were stressful and not suitable for positive identification of any assailant. The Court further found serious doubts on the evidence on the question of identification of the suspect who had been arrested in a police swoop. The Court concluded that the evidence on record did not put forward a proper case of robbery with violence and if the accussed was to be placed on defence and chose to remain silent; the evidence would not sustain a conviction. Accordingly, the accused was set at liberty and accordingly acquitted under section 210 of the Criminal Procedure Code in a ruling delivered on 12th April 2019.
Mr. Ndegwa, a young man who was staring at a future despair, was ultimately very grateful for the assistance offered to him by Kituo Cha Sheria throughout his journey in the justice system.
This is yet another small victory for a Kenyan who had nowhere to turn to but Kituo Cha Sheria, the people who care for justice for the poor and marginalized people in society.