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POLICEMAN, EX-CON ARRESTED OVER SERIES OF ROBBERIES IN NAIROBI KENYA

A police officer and an ex-death row convict who won an appeal six months ago were on Thursday arrested in Nairobi for a series of robberies.
Constable Timothy Wainaina, who is attached to the Anti-Stock Theft Unit (ASTU) Gilgil Mounting Company, together with Mr Reuben Chege Mburu were arrested near Nation Centre after being trailed for hours from Mirera estate in Ruiru.
The detectives led by the Ruiru Directorate of Criminal Investigations (DCI) boss David Chebii also arrested Mr Bernard Mwangi, one of the five-man gang, during the operation.
SIX ROBBERY INCIDENTS
The three, police said, were linked to at least six robbery incidents within Ruiru and adjacent areas in the last few weeks and several others in Nairobi.
When they were arrested, police recovered from them two previously robbed mobile phones and Sh25, 000.
On Wednesday night, detectives from Ruiru also raided a residence in Githurai where the gang allegedly keeps their firearms but two of them escaped the dragnet.
The officer in charge of the Karuri Flying Squad is also investigating incidents that the gang is believed to have involved in.
Police described Mr Mburu as a notorious robber who had been linked to several robbery incidents since January this year when the High Court quashed the death sentences and released him and his co-accused.
ROBBING MATATU CREW
The two had been accused of violently robbing a matatu crew and passengers of property worth Sh2 million on January 25, 2011, on Limuru Road in Nairobi armed with pistols.
According to the court files, they had robbed Mr Peter Migwi Kagiri of his Nissan matatu registration number KBH 504X valued at Sh1.15million, a mobile phone and Sh1, 000, while armed with pistols.
They also robbed Mr Jackson Obote Ongo, Mr James Muturi Ndegwa, Mr Daniel Njuguna Gitau, Mr Bob Onyango Ouko, Ms Sarah Wangui Gicharu, and Mr Moses Wachira Kimani.
Other victims were identified as Mr Joseph Musyoka Msee, Mr Charles Oluchili Tete and Ms Agnes Njeri Gichuhi.
The following day, Mr Mburu was arrested with five mobile phones while his co-accused was arrested in Gathongora Area in Ruiru with one sub-woofer speaker and an equalizer that had been stolen from the matatu. He was also found with two mobile phones.
Superintendent of Police, Henry Kiambati conducted the identification parade at Gigiri police station.
POSITIVELY IDENTIFIED
The witnesses Agnes Njeri, Charles Oluchili Otete and Joseph Irungu positively identified Mr Mburu as the one who brandished the gun. The victim’s phone was also found with Mr Mburu.
The conductor, Mr Joseph Irungu, later identified the second accused person at the Ruiru police station. He had spoken to him before they boarded the matatu.
After the case, they were found guilty and convicted of nine counts and sent to the gallows. They, however, appealed at the High Court and won.
The judge concluded that the sentence imposed “was manifestly excessive in the circumstances” and that the identification parade rules were faulted.
Also, it was said that the two were only convicted on the basis of the doctrine of recent possession, in that they were found with the items which the passengers had been robbed of.

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