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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

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



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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