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(2019) JELR 94990 (CA)

Court of Appeal  •  Criminal Appeal 91 of 2016 (R)  •  8 Nov 2019  •  Kenya

Martha Karambu Koome JA Hannah Magondi Okwengu JA Fatuma sichale JA



On the afternoon of 5th August 2007, MWK was walking from Ruku to Kahura to attend a women’s merry-go-round at the home of one Mama S. She had just come from Church. Along a deserted path she realised that there was a man behind her running towards her. The man was a stranger to her; unconcerned, she kept walking. It did not occur to her that the man might pose a threat to her. Alas, the man caught up with her, held her by the throat while brandishing a knife and for the next two (2) hours proceeded to terrorise her. He robbed her of her mobile phone, her watch and the money that she had, a sum of about Kshs. 325/=.

His mission apparently not completed, he revealed to MWK that he was thirsty for human blood, of which he planned to drain from her, after which he would chop off her head. The pleas for her life landed on deaf ears as he also declared his intention to rape her before drinking her blood. She resisted his attempts to undress her. For her resistance, she …

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