A son of former Deputy Minister Betty Tett, who had been sentenced to death for violently robbing his adoptive father, William Tett, was granted a stay after the court replaced the sentence with 15 years in prison.
David Tett was convicted again by Milimani Chief Magistrate Francis Andayi following a High Court order requiring the death row inmate to be sentenced to death.
Judge James Wakiaga heard the appeal from David, who had been convicted of violently robbing his adoptive father, William Tett.
In accordance with the order of the High Court, Mr. Andayi imposed a sentence of 15 years in prison on two counts for which the former chief magistrate Kiarie Waweru had been convicted.
“I have reviewed the evidence presented by the prosecution and stand by it. I now sentence the accused to 15 years’ imprisonment for each of the two counts of robbery in accordance with the High Court directive,” said Mr. Andayi.
He ordered that the sentence in the two robberies be carried out simultaneously from the date he was sentenced to death.
Adopted by aunt
David was adopted by his aunt, Betty Tett, after his mother died.
He was sentenced to death after being convicted of being part of a gang that violently robbed his adoptive father on September 6, 2011 in Karen, Nairobi.
During the incident, the police shot and killed two gangsters.
David was sentenced to death in 2014 after Mr Waweru ruled that the evidence from witnesses in the case was sufficient to prove that he was with the attackers and that he had actively participated in the robbery.
Damaged by the sentence imposed on him, David challenged it in the High Court, arguing that it was too punitive.
But Judge Wakiaga refused to blame him and sent him back to the trial court.
Dismissing the appeal, Judge Wakiaga said: “The trial court correctly addressed the evidence presented before it and reached a legal conviction.
“The appellant was correctly identified by prosecution witnesses who testified that he was in the company of two other thieves who accosted William Tett at their Karen home,” said the judge.
The judge dismissed David’s claim that he had been tricked by his parents, saying “they had no reason to fix him.”
“All the principles of a good prosecution were observed and respected during the trial of the accused in the lower court. He was properly tried and a verdict was rendered,” Judge Wakiaga said.