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Sospeter Mwangi v. Republic

(2006) JELR 95281 (CA)

Court of Appeal  •  Criminal Appeal 164 of 2005  •  22 Sep 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant, SOSPETER MWANGI, with another person called RONALD SIMIYU NAMBAFU were tried and convicted on one joint charge of rape contrary to Section 140 of the Penal Code. The particulars contained in that charge were that on 16th day of October, 2000 at [Particulars Withheld] in Lugari District within Western Province, the appellant and Ronald Simiyu Nambafu jointly had carnal knowledge of

J W C without her consent. Upon them being convicted on that charge, the trial magistrate sentenced each one of them to ten years imprisonment. It appears that the appellant separately appealed to the High Court and pursuant to that appeal, the appellant’s conviction was “quashed”, the sentence set aside and a retrial ordered. Ronald Simiyu Nambafu also appealed separately and we were informed by Miss Oundo, the learned State Counsel who represented the Republic before us, that his appeal was allowed and the conviction quashed; no retrial was ordered in respect of Nambafu. …

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