The move by a Vihiga court to declare the charge of robbery with violence unconstitutional has forced the Office of the Director of Public Prosecutions to prefer lesser charges on a suspect involved in robbery of Sh4.5 million in Kakamega County.
This involved a fake gold dealer where a Dutch national was lured from Dubai to Kakamega and robbed of the Sh4.5 million at gun point on May 28, 2025.
A court in Vihiga declared the charge of robbery with violence unconstitutional, the ODPP revealed.
“The preferred offence of robbery with violence was declared unconstitutional in high court Petition No. E002 sitting at Vihiga,” a letter by the prosecution dated July 10, 2025 said.
The case involves Dutch national identified as Rene Hasager Simon who was robbed of the money after being assaulted by a suspect identified as Sammy Njuguna Smith.
The probe showed that the complainant was robbed at gun point of USD36,000 in cash.
The complainant can positively identify the suspect, the probe showed which the prosecution agreed with.
But the prosecution said the preferred offence of robbery with violence was declared unconstitutional in high court Petition No. E002 sitting at Vihiga
In light of the developments, police were told to charge Smith with the offense of demanding property by menaces and causing grievous harm.
The foreigner had been dramatically lured from his comfort zone in Dubai to Kakamega where the incident happened.
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