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Musa Shaban Kabughu v. Republic

(2020) JELR 98784 (CA)

Court of Appeal  •  Criminal Appeal 111 of 2019  •  24 Jul 2020  •  Kenya

William Ouko, Agnes Kalekye Murgor, Kathurima M'inoti



Musa Shaban Kabughu, the appellant was charged with the offence of being a member of a terrorist group contrary to section 24 of the Prevention of Terrorism Act of 2012. The particulars of the offence were that on 12th August at Garissa Police Station within Garissa County, he was found to have been recruited to join the Al-Shabaab militia, an outlawed terrorist group, and openly confessed to have been recruited as a member of the terrorist group. He pleaded guilty to the charge before the Magistrates’ Court, and was thereafter convicted and sentenced to 15 years’ imprisonment.

Dissatisfied with the conviction and sentence, he appealed to the High Court on grounds that his plea was not unequivocal; that the conviction was in breach of his constitutional rights, safeguards and protections; and that meting out the sentence of 15 years of imprisonment to a first time offender for an offence that carried a maximum term of 30 years was excessive. The High Court dismisse…

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