A refugee from South Sudan, Wayne Sadam, has been sentenced to 20 years in prison after the High Court in Lodwar upheld his conviction for robbery with violence. Justice Reuben Nyakundi found that the initial ruling by the magistrate’s court was accurate, confirming the severe sentence handed down to Sadam for his involvement in a violent robbery at the Kakuma Refugee Camp in Turkana County.
The Incident
The incident occurred on January 2, 2022, at around 7 p.m., when Sadam, along with other accomplices, attacked Francine Ndaviyenurukiye, robbing her of an Infinix Hot 5 mobile phone valued at KSh 10,700. According to prosecutors, the robbery took place within the Kakuma Refugee Camp in Turkana West Subcounty. During the attack, Sadam and his accomplices used actual violence against Ndaviyenurukiye.
Ndaviyenurukiye, who was the first prosecution witness, testified that she had been sent to retrieve her father’s phone from a charging station. As she made her way back home, she was confronted by three men. One of the attackers hit her with his fists and held her by the neck while the other two rummaged through her pockets, eventually stealing the phone before fleeing the scene.
Despite the attackers’ attempts to overpower her, Ndaviyenurukiye managed to struggle with the man who was restraining her, grabbing onto his belt and screaming for help. A woman named Agnes, who was passing by, witnessed the attack but initially ran away, later returning with Ndaviyenurukiye’s mother. Together, they confronted Sadam, who pleaded to be released so he could retrieve the stolen phone from his accomplices. By this time, a crowd had gathered at the scene.
Sadam identified himself as belonging to the Dinka community before changing his claim to being a member of the Nuer tribe, both of which are South Sudanese communities. He also stated that he had moved within different areas of the refugee camp, from Kakuma 1 to an area known as Hong Kong. The police were called to the scene and subsequently took Sadam into custody.
The Legal Proceedings
After a full trial at the Kakuma Law Courts, Principal Magistrate Charles Mayamba found Sadam guilty of robbery with violence and sentenced him to 20 years in prison. However, Sadam appealed the decision, arguing that the trial magistrate had erred in law and facts, specifically pointing out that none of the prosecution witnesses had positively identified him as one of the attackers during the robbery. Furthermore, Sadam claimed that none of the stolen items were presented as evidence in court, and he also argued that the magistrate had failed to consider his defense adequately.
Upon reviewing the case, Justice Nyakundi of the High Court in Lodwar stated, “I have had the occasion to peruse the record as well as the comprehensive judgment of the trial court and I wholly agree with the findings of the trial court that the elements of robbery with violence were properly established and as such the conviction was proper.”
In regard to Sadam’s sentence, Justice Nyakundi emphasized that the trial magistrate had taken all relevant factors into account when arriving at the 20-year jail term. He affirmed the sentence, stating, “The sentence is hereby upheld and the sentence shall run from the date of conviction, that is July 7, 2022. It is so ordered.”
Implications
This case underscores the severity with which Kenyan courts view violent crimes, particularly in areas such as refugee camps where law enforcement and safety are paramount concerns. The judgment reflects the judiciary’s commitment to ensuring justice for victims of violent crimes, regardless of the perpetrator’s background. The 20-year sentence serves as a stark reminder of the legal consequences of engaging in violent criminal activities.
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