Customer Support

JAFFERSON MWAKIO & ANOTHER
V.
REPUBLIC.

(2012) JELR 101208 (CA)

Court of Appeal 15 Mar 2012 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Criminal Appeal 340 of 2010
Judges:Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Hannah Magondi Okwengu
Location:Malindi
Other Citations:Jafferson Mwakio & another v. Republic. [2012] eKLR

JUDGMENT OF THE COURT

The appellants, Jafferson Mwakio and Tofil Mwadime, were on 9th October, 2007 convicted by the Senior Resident Magistrate’s Court at Voi (J. M. Gandani) of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to death. They were also convicted on a second count of rape contrary to section 140 of the Penal Code and each sentenced to 10 years imprisonment; while the second appellant was also convicted of a third count of attempted defilement of a girl contrary to section 145 (2) of the Penal Code and sentenced to five years imprisonment.

The evidence at the trial court was that at about 3.00 am on the early morning of 24th June, 2006, G.S (PW 1) (the complainant) (G) was asleep in her house with her two young children, J.S (PW 2) (J), then aged 14, and C.M (PW 3) (C), then aged 16. There was a knock on the door. C was the first to wake up. Before he could even get out of his bed, he found the flash of a torch light on his f…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.