Nairobi Chief Magistrate Hannah Ndungu convicted Gilbert Ingosi Chemosia after finding him guilty of violently robbing Chrispin Otieno Odongo of Sh90,000 which he had just withdrawn from Barclays Bank, Industrial Area branch.
The accused, at the time, was guarding Credit Bank, a few metres from the scene of the crime. The officer, who was attached to Makongeni Police Station, committed the offence on June 25, 2012, at around 1.50pm along Bandari Road in Industrial Area.
The complainant narrated to the court how he was accosted by a group, including an armed police officer, soon after he had withdrawn Sh90,000 from the bank
Several witnesses also told the court how the accused, who was in full uniform at the time, handcuffed the victim before bundling him into a waiting car.
The victim told the court he was later abandoned near Ole Sereni Hotel along Mombasa Road.
?Right from the beginning of the trial, the complainant insisted one of the robbers was a police officer. The condition for identification was not difficult as the accused was in police uniform,? said the magistrate.
According to court records, Chemosi was arrested on May 24, 2013, together with his co-accused George Kamau Ndogo, a security guard.
However, Ndogo was? acquitted due to lack of sufficient evidence after the court found that he had been locked up by the police on mere suspicion.
?Suspicion alone cannot be a basis for a conviction. The evidence before court is not enough to secure a conviction for the second accused. I?m left with no option but to acquit him,? ruled the court.
In his defence, the accused claimed that at the time he is said to have committed the crime, he was on duty at his workstation and did not leave until 5pm.
Mrs Ndungu, however, disagreed with the defence and said the complainant identified Chemosi who was later found with a twin set of handcuffs after a search was conducted in his residence at Makongeni Police lines.
She also noted that after the accused was arrested, he refused to allow investigators to take his fingerprints, a fact which further strengthened the prosecution?s case against him.
?I therefore direct that immediately after this sentence, the convict be escorted to the nearest police station and have his fingerprints taken,? the court said.
By Fred Makana, The Standard