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Dennis Motanya Mokua & D.M.O v. Republic

(2014) JELR 105263 (CA)

Court of Appeal  •  Criminal Appeal 94 of 2011  •  21 Mar 2014  •  Kenya

Erastus Mwaniki Githinji, Daniel Kiio Musinga, Sankale ole Kantai



The 1st appellant, Dennis Motanya Mokua, was the second accused at the trial while the 2nd appellant, D M O, was the 1st accused. Each was convicted for the offence of robbery with violence contrary to section 296(2) of the Penal Code in count 1. The 1st appellant was sentenced to death while the 2nd appellant, who was found to be a minor, was ordered to be detained at the President's pleasure. The 1st appellant was also convicted for the offence of gang rape contrary to section 10 of the Penal Code in count III and sentenced to fifteen (15) years' imprisonment.

Similarly, the 2nd appellant was convicted of the offence of gang rape in count II contrary to section 10 of the Penal Code and sentenced to three (3) years' imprisonment. Their respective appeals against conviction and sentence were dismissed by the High Court, save that the respective sentences in counts II and III were held in abeyance.

The evidence against the appellants was briefly as follows:

On the nig…

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