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Gerald Kuria Matahe v. Republic

(2011) JELR 105218 (CA)

Court of Appeal  •  Criminal Appeal 69 of 2008  •  8 Jul 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu



GERALD KURIA MATAHE, the appellant before us, and two others whose convictions were quashed on appeal by the superior court in its appellate jurisdiction, were convicted by the Principal Magistrate, Murang’a, on two counts of robbery with violence contrary to section 296(2) of the Penal Code, one count of attempted robbery with violence contrary to section 297(2) of the Penal Code and one count of rape contrary to section 140 of the Penal Code. Each of the appellants was sentenced to death on the convictions for robbery charges and life imprisonment for the conviction on rape.

The first appeal preferred by the appellant, resulted in the conviction for the rape charge being quashed. The convictions for the robbery charges were confirmed.

On 16th March 2003 at about 9 pm, Eunice Kariuki (PW 1) received two visitors Jane Wanjiku (PW 3) and Margaret Muthoni (PW 2). They had visited her at her home at Iyego. They took a meal together and whilst PW 1 was relaxing with the…

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