By Bob Waswani
BUSIA, June 3, 2025 – Fredrick Ambani cheated death twice—first surviving a mob lynching that killed his alleged accomplice, then dodging a death sentence when a Busia High Court judge quashed his robbery conviction. Justice WM Musyoka ruled the trial invalid, declaring, “The trial court lacked territorial jurisdiction to hear and determine the case. As there was no jurisdiction, the trial was a nullity.”
Charged in Busia CMCCRC No. E1190 of 2021 with robbery with violence, Ambani was accused of stealing a TVS motorcycle, helmet, and Techno Camon 9 phone worth KSh 212,200 from Patrick Ideke on April 5, 2021, in Malaba township, Teso North Sub-County. After pleading not guilty on April 8, 2021, he faced a trial with four prosecution witnesses, culminating in a conviction and death sentence by Senior Principal Magistrate P. Olengo on September 1, 2022. “The robbery was committed in Uganda, not Kenya,” Musyoka clarified, noting Ideke’s testimony that the crime occurred across the border.
Ideke, a boda boda rider, testified he was hired to ferry a passenger to Malaba, Uganda, where he was attacked, losing his motorcycle. A car-tracker led riders to Mayoni, Kakamega County, where Ambani and his accomplice were cornered. The mob beat the accomplice to death, but Ambani fled to Matungu Police Station, where he was arrested. Musyoka emphasized, “None of the elements of the offence were in Kenya. The taking of the motorcycle and the violence happened in Uganda,” aligning with precedent in Alex Yowasi vs. Republic (2020).
Ambani’s appeal, filed September 7, 2022, challenged the trial’s jurisdiction and fair trial violations under Article 50(2) of the Constitution, including lack of legal representation and evidence disclosure. He claimed he was merely a passenger on the motorcycle, a defense the trial court dismissed. Musyoka found the jurisdiction flaw decisive, noting the alternative charge of handling stolen goods also collapsed, as “the alternative count has no life of its own.”
Ordering Ambani’s release unless held under another warrant, Musyoka left open the possibility of charges for Kenyan offences, like handling stolen goods. Ambani’s double brush with death—escaping mob justice and a noose—underscores the ruling’s weight, spotlighting Kenya’s judicial limits in cross-border crimes and the urgent need for precise prosecutions in African legal systems.