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K G O & Geoffrey Guto Machira v. Republic

(2017) JELR 100399 (CA)

Court of Appeal  •  Criminal Appeal 46 of 2011  •  30 Mar 2017  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



The appellants, K G O and Geoffrey Guto Michira, were charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. The particulars of the offence were that on the night of 12th and 13th of March, 2009 at [particulars withheld]of Masaba District within the former Nyanza Province they jointly with others not before the court, violently robbed JM (PW 1) of a mobile phone, radios, a lamp, sewing machine, loudspeaker and assorted household goods all worth Kshs. 55,200/-.

They also individually faced counts of gang rape of PW 1 and NKO (PW 2), and alternative charges of handling stolen property.

The appellants pleaded not guilty to the charges.

The brief facts were that, on the night of 12th and 13th March 2009 at about 9.30 pm, while PW 1 was warming herself by the fire, and PW 2 was studying by the light of a pressure lamp, the main door of their house was burst open, and 3 people with pangas and sticks, two of whom are the appellants …

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