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Nyamai Mutia & Musee Katee v. Republic

(2017) JELR 94603 (CA)

Court of Appeal  •  Criminal Appeal 623 of 2010  •  29 Sep 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

On 13th June 2004, at about 2.00 am, KM (PW1) was sleeping in her house at [particulars withheld] Village in Kitui County, when she was woken up by the loud barking of her dogs. Immediately thereafter a group of people, armed with pangas, iron bars and axes, broke down the door, assaulted and injured her before robbing her of cash Kshs 1,500, 10 pieces of lessos, a sony radio, a plastic digital watch, a pair of leather shoes, a torch and a bow and 4 arrows. On the material night, PW1’s daughter, SK (PW3) was sleeping in a different house in the same compound. The same people broke into that house too and assaulted PW3 before taking her away, purportedly to open her mother’s shop at [particular withheld] market from which they intended to steal more property. Instead of proceeding to the shop, however, four of them took PW3 to a bush and raped her in turns.

The two appellants in this appeal, with another, were subsequently arrested and charged with robbery with viol…

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