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La déclaration de culpabilité est annulée ainsi que la peine. Le 1er appelant est immédiatement mis en liberté, sauf si légalement détenu. Daté et livré, le 13 janvier 2010. J.K. SERGON JUGE M.S.A. MAKHANDIA JUGE En audience publique, en présence des appelants. J.K. SERGON JUGE M.S.A. MAKHANDIA JUGE

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Criminal Appeal 287 of 2008: Paul Wachira Murigu (1st appellant) et al versus Republic (respondent)

Cases

Country

Latitude: -1.303208

Longitude: 36.777356712

Country (linked Cases): Kenya

Court location: Kenya: Nyeri

Court: Kenya: High Court, Kenya

Date of judgement: Jan 13, 2010

Complainant: Paul Wachira Murigu; Justus Gachara Macharia

Articles alleged: Penal Code, section 296(2); Penal Code, section 323; Sexual Offences Act, section 10

Articles violated: Penal Code, section 323; Sexual Offences Act, section 10

Keywords

Courts
Evidence
Property, right to
Rape
Trials

Gender of victim

Female: Female (Age not specified)
Female: Woman (18+)

Gender of accused/perpetrator

Male: Male (Age not specified)

Language: English

Summary: 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. 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. In the appeal, the evidence against Paul Wachira Murigu was considered to be insufficient - he was given the benefit of the doubt and the conviction was quashed.

Primary Documents

Kenya-case-High Court-Nyeri-Paul Wachira Murigu et al-Criminal Appeal 287 of 2008-2010-eng.pdf
English
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Kenya-Cas-Haute Cour de Nyeri-Paul Wachira Murigu-Appel 287 de 2008-2010-fr-pdf.pdf
French
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IHRDA SGBV Database

Select target paragraph3

Criminal Appeal 287 of 2008: Paul Wachira Murigu (1st appellant) et al versus Republic (respondent)

Primary Documents

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