PAUL WACHIRA MURIGU & another v REPUBLIC [2009] eKLR
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Criminal Appeal 287 of 2008
PAUL WACHIRA MURIGU……..………..1st APPELLANT
JUSTUS GACHARA MACHARIA…..… 2nd APPELLANT
Versus
REPUBLIC……………………………..…….RESPONDENT
JUDGMENT
Paul Wachira Murigu alias Makara and Justus Gachanja Macharia being the 1st and 2nd
appellants herein, were jointly tried on a charge of four counts. In counts I and II the appellants were
accused of having committed robbery with violence contrary to section 296(2) of the Penal Code. In
count III, the 1st appellant faced a charge of gang rape contrary to section 10 of the Sexual Offences
Act. No.3 of 2006. In count IV, the 2nd appellant faced a charge of having suspected stolen property
contrary to section 323 of the Penal Code.
At the end of the trial the 2nd appellant Justus Gachanja Macharia was convicted on count IV
and sentenced to 4 years imprisonment. He was however acquitted in counts I and II. The 1st
appellant, Paul Wachira Murigu, was convicted in counts I, II and III. He was sentenced to suffer death
in counts I and II and to serve 20 years imprisonment in count III. Being dissatisfied each appellant
filed an appeal to challenge both the convictions and the sentences. The two appeals were
consolidated when placed before this court.
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