Mudavadi jailed for two years for stealing chicken
Unlike pilfers of public coffers, whose loot run into billions, chicken thieves are usually subjected to mob (in)justice.
However, a certain Musalia Mudavadi (not the politician) has been very lucky to escape such instant justice on at least three occasions.
He, however, was not lucky in his last an attempt. He was arrested and arraigned after he helped himself to neighbour’s Sh600 worth chicken.
His case was finalised last Wednesday, with the presiding magistrate sending him in jail for two years after he pleaded guilty to stealing the bird.
Mudavadi, 28, also known as Caleb was convicted on his own plea of guilty by Kakamega Senior Principal Magistrate Dolphine Alego who said the pre-sentencing report filed by probation officers was unfavourable to him.
Mudavadi was charged with stealing the hen belonging to Julius Miheso Alubala at Isulu Village, Kakamega South District, jointly with others not before the court.
The court was told that the accused tiptoed to Miheso’s kitchen where the chicken was housed and committed the felony.
The complainant, who was asleep with his family, is said to have been woken up by a commotion in the kitchen.
The suspect fled but was later apprehended by the angry mob, which beat him and wanted to lynch him. He, however, was rescued by police officers.
The pre-sentencing report prepared and signed by the probation officer, Gregory Masingila who painted the accused as a “seasoned thief who has escaped mob (in)justice frequently”.
The report further revealed the class seven dropout of Emalaba Primary School is a jailbird who has been convicted previously for the same offence.
“The accused has weak ties with the community due to his tendencies to steal within and beyond his village. He has survived being lynched severally and even himself says his life is in danger,” read the reports tabled in court.
In his mitigation, the lastborn in a family of six sought for leniency saying he wanted to sell the chicken to enable him get money to buy maize flour and feed his ailing father who allegedly suffers from cancer.
“Having served a custodial sentence previously seems not to have reformed the accused. He has continued terrorizing villagers with his stealing habits. In the circumstances, he is unfit for a non-custodial sentence,” Masingila told the court.
Ms Alego said the serial offence committed was serious and could endanger his life in the village and attracted a deterrent sentence. He ordered him to be incarcerated for the next two years.
“The records show he is not a first-time offender and is consequently sentenced to serve a 2-year custodial sentence,” said the magistrate. Mudavadi was granted 14 days to lodge an appeal.