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Francis Kahindi Mwaiha v. Republic

(2015) JELR 105241 (CA)

Court of Appeal  •  Criminal Appeal 121 of 2014  •  16 Oct 2015  •  Kenya

Milton Stephen Asike Makhandia, Paul Kihara Kariuki, Kathurima M'inoti



On 29th August, 2010, the complainant, MSK then alleged to be aged about 13 years was home alone when two ladies, Amina John and Mamake Chali came calling. They persuaded her to accompany them to some home where they were to collect some money. For her effort, she was to be paid Kshs.100/-. The two ladies were persons well known to her. They proceeded to a house in which they found two men, one of whom was the appellant. Soon thereafter the two ladies excused themselves promising to return later to pick her. In the house MSK was served with black tea by the appellant. Immediately she took the tea, she became groggy then comatose and in that state she was repeatedly sexually assaulted in turns by what she thought were the two men she had been left with in the house, that is, the appellant and one Ramadhan Kahindi Kai (Kai). When she came around the following day, she was at home, bloodied and with pain in her genitalia. On being asked by her father, RKS (PW2) what …

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