Matuga MP Hassan Mwanyoha has said that his family has accepted a court ruling in which his son was sentenced to death for robbery with violence.
The case has raised questions in the constituency, with some accusing the MP of neglecting his son, who has been in remand since August last year when he was arrested.
Mafanikio Mwanyoha was remanded after failing to raise a bond of Sh2 million. His family has not been attending the court sessions.
On Monday, Kwale Woman Representative Zainab Chidzuga defended Mr Mwanyoha against accusations of neglecting his son. She said the MP had done his best to show his son the correct path.
GIVEN UP
Ms Chidzuga said the MP had secured the release of his son from custody on more than three occasions and had reached a point where he had given up because of Mafanikio’s refusal to desist from criminal activities.
“Mr Mwanyoha has shown us a very good example, which has to be emulated, but unfortunately, there are people who are moving around claiming that he does not love to his son,” she said.
A judge in Kwale handed the sentence against Mafanikio on Wednesday after he found the MP’s son and his accomplice, Hussein Hassan, guilty.
The two committed the offence on August 19, last year, at Bougan Villa Estate in Diani.
ROBBERY WITH VIOLENCE
They were accused of violently robbing Mr Peter Schadwsky of a bag, an LG mobile phone, a pair of spectacles, a company ID and five credit cards valued at Sh14,625.
“He is above 18 years and is the one who knows best whether he committed the offence or not,” the MP told reporters on Monday after attending a funds drive at Tiwi Chai.
He said that Mafanikio had informed the family that he had filed an appeal against the sentence.
“Everybody has a right to appeal. Therefore, it is his right,” said Mr Mwanyoha, who appeared reluctant to address the subject at length.
According to him, the family would wait for the outcome of Mafanikio’s appeal.
A check at the Kwale courts on Monday indicated that Mafanikio was yet to file the appeal. However, a source said he had shown interest in appealing.
ANOTHER CASE WAITING
Mafanikio is facing another robbery with violence case at the Mombasa High Court. The case will be heard on May 30.
It has been decades since a convict was last executed in Kenya.
Crimes such as robbery with violence, murder and treason automatically attract the death penalty.
However, convicted felons end up serving life sentences instead of being hanged.
Two Court of Appeals at different time issued different views in regards to the death sentence.
Whilst the Court of Appeal in Mombasa ruled at one time that the death penalty is inhumane, the Court of Appeal in Nairobi observed that the penalty for robbery with violence or murder is death.