JAFFERSON MWAKIO & TOFIL MWADIME V. REPUBLIC

JUDGMENT OF THE COURT

The appellants, Jafferson Mwakio and Tofil Mwadime, were on 9^th October, 2007 convicted by the Senior Resident Magistrate’s Court at Voi (J. M. Gandani) of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. They were also convicted on a second count of rape contrary to section 140 of the Penal Code and each sentenced to 10 years imprisonment; while the second appellant was also convicted of a third count of attempted defilement of a girl contrary to section 145 (2) of the Penal Code and sentenced to five years imprisonment.

The evidence at the trial court was that at about 3.00 am on the early morning of 24^th June, 2006, G.S (PW 1) (the complainant) (G) was asleep in her house with her two young children, J.S (PW 2) (J), then aged 14, and C.M (PW 3) (C), then aged 16. There was a knock on the door. C was the first to wake up. Before he could even get out of his bed, he found the flash of a torch light on his f…