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Peter Kihara Mooko, John Thiongo Chege & Samwel Kiria Wainogo v. Republic

(1996) JELR 95216 (CA)

Court of Appeal  •  Criminal Appeal 5 of 1996  •  1 Mar 1996  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The three appellants, Peter Mooko (Mooko), Samwel Wainoga (Wainoga) and John Chege (Chege) were convicted by the Senior Resident Magistrate, Nakuru, on 20th June, 1994, on one count of rape contrary to section 140 of the Penal Code. The charge against them alleged that on 20th August, 1993 at about 6.30 p.m. at Lare Scheme, Njoro, in Nakuru District of the Rift Valley Province they jointly had unlawful carnal knowledge of Alice Wairimu (the complainant) without her consent. They were each sentenced to 7 years’ imprisonment with hard labour and 12 strokes of the cane.

The appellants has also faced an alternative charge of indecent assault and stealing but they were acquitted of theses charges. The appellants appealed to the superior court against conviction and sentences but their appeals were dismissed. They have now brought this second appeal to the Court. We deal first with the Mooko’s appeal. He has strenuously denied having been involved in the commission of th…

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