Appeal dismissed as man gets 30 years for armed robbery of Sh23,000

The crime occurred on December 27, 2019, near the Azania Bank branch in Tegeta, Kinondoni. According to court records, Ally robbed one Rajabu Athumani of a wallet containing Sh23,000 and assaulted him with a machete before fleeing the scene.

During the trial, Rajabu, who testified as the prosecution’s second witness, recalled being attacked in broad daylight by an unknown man while walking to the bank. The assailant cut him with a machete, prompting bystanders, including two community security guards stationed at the bank, to intervene.

The guards, identified as Mohamed Ally and Hamisi Mohamed (the first and third prosecution witnesses), testified to witnessing Ally threaten and assault the victim. Although he managed to escape with the stolen wallet, the witnesses stated they clearly recognised his face and physical appearance.

The case was later investigated by Police Constable Rashid, who visited the scene and recorded witness statements. Rajabu was treated for his injuries after being issued with a PF3 medical form at Wazo Police Station.

On January 7, 2020, Rajabu spotted his attacker and alerted the same guards, who apprehended Ally and took him to Madale Police Station.

In his defence, Ally denied the charges, claiming he was arrested on January 3, 2020, for carrying sand without a permit. He also challenged the consistency of evidence, pointing to a discrepancy in the amount reported stolen which was Sh230,000 in the police file versus Sh23,000 in the charge sheet.

The Court of Appeal rejected this argument, clarifying that the disputed figure resulted from a clerical error, not a contradiction that could invalidate the conviction. Justice Sehel explained that the written evidence had mistakenly added an extra zero, and this discrepancy did not undermine the testimony of three witnesses who consistently cited the amount as Sh23,000.

The court also dismissed the appellant's complaint regarding the absence of the PF3 form in court, stating that it was not essential in proving the offence of armed robbery under the cited law.

In its ruling, the court stated: “We are satisfied that the offence of armed robbery was proven beyond reasonable doubt. The identification of the appellant at the scene, while wielding a machete, was credible and unshaken.”

The appellate judges concluded that the original conviction and sentence were properly grounded in evidence and legal procedure, thereby upholding the 30-year prison term handed to Ally.

This ruling effectively brings an end to the legal battle launched by the appellant, whose two appeals have now both been dismissed.