KENYA. COURT FREES SEVEN DEATH ROW CONVICTS

seven death row convicts were released by the High Court for lack of evidence. The robbery with violence convicts, who had been sentenced to death in four separate cases, were set free by a two-judge bench sitting in Meru, Lady Justice Ruth Sitati and Justice David Onyancha.
One of the convicts, Stanley Mwithali Mungania, 25, had been convicted for allegedly robbing Yusuf Mohammed of Sh 38,850 and a calculator on January 17, 2001. The judges said there was insufficient evidence of the said robbery because it was reported 11 months after it took place.
Bernard Kobia, Bernard Muika and Paul Mungathia, had been jointly charged with robbery. They had been accused of robbing Mathew Githuura, of Sh 6,000 on November 4, 2000, at Mikinduri.
Releasing the three, the judges said the evidence given was unreliable, sketchy and lacked important details. The two policemen  who arrested them were not called to testify, the judges noted.
Bosco Miriti Ngaine, who had been charged together with others, was released after the judges ruled that his earlier conviction was unjustified because it lacked sufficient evidence. He had been charged with robbing Julius Nyerere of Sh 6,000 and a flashlight worth Sh 200 at Kimichia village.
The judges said the senior resident magistrate at Chuka had already made up his mind to sentence him even before hearing his defence.
The robbery cases against Lemonge Lekomoisa were ordered for retrial in Isiolo, but his co-accused, Tiwa Lebulukashi, was released.