Ramadhan Ume, alias Somo, has been found guilty of violently robbing his neighbour, 15 year old Hussein Ali Hussein, of Sh1,000 and causing him actual bodily harm in the process.Ume was accused of committing the offences on September 2, 2014 at Shauri Yako Village in Marsabit County Kenya.
The prosecution had told the court that on the said day, the complainant was going to a shop at around 7pm to buy sugar and cooking oil when he met the accused, who was well known to him.The court heard how the accused, who was standing by the road side, called the boy to where he was and was shocked by what followed thereafter.“He accosted me armed with a stone which he used to hit me on the head and shoulder before he disappeared, Mr Hussein told the court, adding that he was able to recognise his assailant because there was moonlight.
The accused stole a Sh1,000 note that the victim was carrying in his hands during the attack.A witnessed Mr Adan Mohammed, one of the seven witnesses lined up by the prosecution to testify against the accused, said that he witnessed the incident and notified the complainant’s parents, who then took him to hospital.In his testimony, Mr Mohammed said he heard a commotion followed by loud wailing and when he rushed to the scene, he saw the accused hit the boy with a stone on the head and shoulder.
The complainant fell unconscious as the accused ran away, the witness told the court.The accused, a father of two, pleaded for leniency, saying he was a breadwinner and that he did not commit the offence levelled against him.He had pleaded not guilty to the counts and had been granted a Sh2 million bond.“I have evaluated the evidence on record and make a finding that the accused has a case to answer."I have also considered the mitigation. However, the mandatory penalty provided by law (for this offence) is death,” ruled Mr Ombewa.
