Wilfred Muchire
9 May 2008
Nairobi — A man sentenced to death was set free on Thursday after a High Court accused police officers of infringing his constitutional rights. Mr James Maina Muriuki was sentenced to death three years ago for robbery with violence. The sentence was, however, quashed by the High Court after it emerged that he was detained in police cells for more days than the law stipulates.
High Court judges Milton Makhandia and Lady Justice Mary Kasango said police officers breached Mr Muruki's constitutional rights by holding him for one and half months without taking him to court.
He was arrested on February 4, 2004, on allegations of being involved in robberies and thefts in Sagana area within Kirinyaga District.
Plea taking
However, police held him at Sagana and Baricho police stations until March 23 when he was taken before Kerugoya senior resident magistrate Mr J. N. Onyiego for plea taking.
He denied violently robbing a Kenyatta National Hospital driver Michael Mutuku Nzioka of cash, personal effects and electronic gadgets at his home in Maganjo village, Sagana, on January 1, 2004.
The prosecution claimed that Mr Nzioka and his accomplices were armed with a pistol, pangas, rungus and axes when they committed the offence.
A year after denying the charge, the magistrate found him guilty of the count and was sentenced to death.
He appealed against the sentence, citing violation of his constitutional rights.
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