A Nairobi Magistrate will deliver a sentence of a 70 years-old man who is charged with stealing Ksh 752,000 from a widow on August 11, 2025.
While postponing the sentence hearing, Milimani senior principal magistrate Benmark Ekhubi gave the accused time to mitigate before delivering the sentence.
Through his lawyer, Ibrahim Kenyoru Bwana, the accused, requested the court to give a non-custodial sentence or substitute the sentence with a fine considering his advanced age and health condition,
“Your honor I request this honourable court to consider for a non-custodial sentence to the accused or substitute the punishment with a fine. The accused was born seven decades ago and by considering his health, a custodial sentence will cause severe impact,” the defence lawyer told the court.
The lawyer also admitted the court to consider the nature of the offence and the accused being first-time offender.
On the other hand, the prosecution led by Sonia Njoki urged the court to consider the impact the actions of the accused had to the complainant who is a widow,
“I would urge this court to put into consideration the impact on the accused’s actions to the complainant who is a widow,” the prosecutor told the magistrate.
Njoki told the court that the victim is a widow with two children without a source of income since she was relying on her late husband’s pension for support.
She added that the victim suffered out of the actions of the accused and would like the court to consider the same while giving justice.
Bwana was charged with the offence of stealing contrary to Section 268 (1) of the Penal Code.
He was charged that on diverse dates between March 22, 2013 and April 22, 2016, at Pensions Department in Bima House along Harambee Avenue in Nairobi, within Nairobi county jointly with others who never appeared in court stole Ksh 752,526 the property of Pensions Department.
He denied the charges and after the full process of hearing, the prosecution proved their case beyond reasonable doubt and convicted him with the offence.
In conclusion, the magistrate adjourned the sentencing until August 11, 2025.
