JEREMIAH MUTHENGI MATHINYO V. REPUBLIC

JUDGMENT OF THE COURT

Jeremiah Muthengi Mathinyo, the appellant, was charged with one count of robbery with violence contrary to Section 296(2) of the Penal Code, Chapter 63, Laws of Kenya and one count of rape contrary to Section 140 of the Penal Code in the Senior Principal Magistrate’s Court at Kerugoya. The particulars of the offence of robbery with violence were that on 1^st January, 2003 at Karira Village in Kirinyaga District within the then Central Province the appellant jointly with others not before the court while armed with dangerous weapons namely pangas, rungus and axes robbed L W M of one mobile phone make Siemens and cash Kshs. 3,000/= all valued at Kshs. 8,400/= and at or immediately before or immediately after the time of such robbery used actual violence to the said L W M. The particulars of the offence of rape were that on the above mentioned date and place the appellant with others not before the court had carnal knowledge of E M without her consent.

The prosecution …