Two suspects accused of violently robbing and shooting former Kilifi Deputy Governor Kenneth Kamto have been jailed for a total of 120 and 80 years, respectively.
Julius Gitonga and Joseph Amwayi Mukabana were convicted of the offences after the court found that they were directly involved in the robbery that claimed Mr Kamto’s life on December 12, 2018, at his Nyali home in Mombasa.
While imposing the punishment, Senior Principal Magistrate Yusuf Shikanda stated that the convicts must come to the realisation that such acts cannot be tolerated.
He emphasised that the goals of retribution, deterrence, community protection, and denunciation took centre stage in the case.
However, the magistrate noted that no amount of punishment would bring back the life of the deceased.
“Nevertheless, the court must send a message that crime does not pay. Having taken into consideration all the relevant factors, I agree with the probation officer that a non-custodial sentence would not be viable,” said the magistrate.
Gitonga was sentenced to 40 years, 30 years, and 30 years’ imprisonment for three different offences of robbery with violence, and 10 years each for two offences of illegal possession of a firearm and ammunition.
Mukabana was jailed for 30 years, 25 years, and 25 years’ imprisonment for three different offences of robbery with violence.
“Gitonga shall serve more severe sentences for the charge of robbery because he was the one who shot and killed the deceased in cold blood. The prison sentences for both convicts shall run concurrently,” said the magistrate.
This means that Gitonga will serve 40 years imprisonment instead of 120, which is the cumulative sentence for the five offences he was convicted of, while Mukabana will serve 30 years instead of 80 years, for his crimes.
For Gitonga, his sentence shall run from January 30, 2019, when he was placed in remand. He has been in custody since then, as he was denied bond.
Mukabana’s sentence shall run from January 14, 2025, the date they were both found guilty and placed in custody. He had been out on bond throughout the trial.
The court was told that Gitonga and Mukabana stormed Kamto’s compound in the early hours of December 12, 2018, shot him, and robbed his family of phones and other valuables.
But how did the detectives arrest the two, even after they committed the crime under the cover of darkness?
Detectives arrested two key suspects using digital evidence, notably a stolen Swiss Plus One handset. The phone, taken from house help Uchi Zuma Mkaha, played a crucial role in linking suspects to the crime.
Six individuals were initially arrested: Gitonga, Mukabana, Florence Mbithe Mwanza, Joseph Shoi Chege, Clementina Nerima, and Muasya Kiteme.
Investigators obtained call data records from mobile providers, which revealed the sequential use of the stolen phone, first by Mr Chege and later by other suspects.
Detectives traced the phone’s IMEI history, identifying the SIM cards used during the period.
This led to the arrest of Mr Chege and Ms Nerima, from whom the phone was recovered. Further interrogation led to the arrest of Mr Mukabana, whose call records showed communication with Mr Chege at the material time.
Investigators later arrested Gitonga and Ms Mwanza at a house in Kwa Bullo, where they recovered a pistol allegedly used in the murder.
Mobile phones belonging to the deputy governor, his widow Fawzia Dear Omar, and Ms Uchi were also retrieved.
Call data confirmed communication between Gitonga, Mukabana, and Mr Kiteme on key dates.
The State charged all six individuals with violently robbing Kamto and his family. Gitonga and Mukabana were accused of fatally shooting Kamto and stealing three mobile phones valued at Sh28,000. Mr Kiteme, alias Mwaa, entered a plea bargain, became a prosecution witness, and is serving a 15-year jail term.
However, in 2023, Mr Chege and Ms Nerima were acquitted due to insufficient evidence.
Prosecution records showed Mr Kiteme used a Safaricom line, and call logs from December 6, 2018, to January 16, 2019, indicated frequent communication with Mukabana.
The court weighed the evidence as submitted by State Counsel Ngina Mutua and her witnesses and found that the prosecution had proved its case beyond reasonable doubt.
Magistrate Shikanda noted that both direct and circumstantial evidence placed the two main suspects at the crime scene. He concluded that Gitonga shot and killed Kamto.
The other suspects were freed after the prosecution failed to directly link them to the crime, while Mr Kiteme became a State witness and was given a lesser sentence of 15 years.
The court relied heavily on digital forensic evidence. The totality of records placed Gitonga in Mombasa on December 12, 2018, and Mukabana at Nyali Beach Hotel at 4.10am the same day. Kamto's last phone activity at 3.31 am placed him in the same vicinity, as did his widow’s and house help’s stolen phones.
Testimonies from key witnesses, including Kamto’s widow and house help, identified the stolen items, while forensic analysis matched the deceased’s blood to clothing recovered from a suspect.
CCTV footage from a nearby property and accounts from 24 prosecution witnesses, including police officers, forensic experts, and cybercrime specialists, further reinforced the case.
Government Pathologist Johansen Oduor confirmed that Kamto died from bullet wounds, leading to massive blood loss.
