THE GITHURAI THREE SENTENCED TO DEATH – UNDERSTANDING THE SENTENCE
The three (3) Githurai Matatu Crew who had been arrested following the stripping of a lady were earlier today found guilty of, and convicted for, the offences of Robbery with Violence AND Sexual Assault.
They were each sentenced to Death for the Robbery with Violence and to 25 years imprisonment for the Sexual Assault.
The 25 year prison term (for the Sexual Assault) was however suspended for having already been sentenced to death.
Important to Note:
1. The three were NOT sentenced to death for stripping the lady (as widely reported by the media).
2. They were sentenced to death for having robbed the lady during the stripping. Robbery with Violence is a Capital Offence and carries a mandatory death sentence: any body found guilty of Robbery with Violence MUST be sentenced to death. That’s the Law!
3. The stripping amounted to the Sexual Assault for which they were each sentenced to serve 25 years behind bar.
4. A person already sentenced to death is legally speaking assumed to be ‘dead’ and cannot serve the other prison terms if any (in this case the 25 years). That’s why the 25 year prison term is suspended. It may also be said to be held in abeyance.
5. If the appeal (if any) by any of the convicts against the Robbery with Violence conviction and the death sentence is successful and the appeal against the conviction for Sexual Assault fails, the successful Appellant would then serve the suspended sentence of 25 years.