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Judicial CP - August 1999

Corpun file 4190

Daily Nation, Nairobi, 26 August 1999

Six sentenced to death for violent robbery

By NATION Correspondent

Six criminals were yesterday sentenced to death in Murang'a for robbery with violence. Three of them were also sentenced to life imprisonment and ordered to receive five strokes of the cane each.

They were John Gachane Mwangi, Jesse Mwangi Irungu alias Rasta, Evans Thing'o, Simone Ndegwa Macharia, Charles Bundi Iringo and Joseph Muchoki Muthoni.

The first three were charged with violently robbing Mr Munyinyi Irungu of his car and assorted household goods, all valued at Sh400,300 ($5,409.6), on April 14, 1996, at Kiboi village in Murang'a District.

The three were charged jointly with Nicholas Njane, who escaped from custody before the hearing of the case started, and Mr David Kamau Njoroge alias Chemeleon, who was acquitted.

The other three - Macharia, Iringo and Muchoki - were charged with violently robbing the late Moses Kamau Mwangi of his Mercedes Benz and personal items last October 31 while armed with crude weapons. The property was all valued at Sh3,462,500 ($46,791).

Gachane, Rasta and Thingo are set to be hanged and were also sentenced to life imprisonment, hard labour and five strokes of the cane each for raping the daughter of Mr Munyinyi.

Macharia, Iringo and Muchoki were each charged with an alternative count of handling stolen property. On the eve of the ill-fated night, they were found in possession of the stolen household items, including ignition keys, a table clock and a wrist watch belonging to the late Mwangi.

The court said that Macharia, Iringa, and Muchoki fatally hit the deceased and escaped in his vehicle, which was later abandoned at Kaharati market after it rolled.

The magistrate said that following the accident, the convicts managed to escape from the scene but their bloodstains were found in the vehicle.

The magistrate further added the three were arrested at a police road block with fresh wounds that morning and were found in possession of some stolen items.

The other three accused persons, who face other capital charges in parts of Central Province, violently robbed Mr Irungu of his vehicle and raped his daughter.

Copyright Nation Newspapers Limited

Corpun file 4191


Daily Nation, Nairobi, 28 August 1999

Policeman jailed for raping five-year-old

By Stephen Munyiri

A 32-year-old administration policeman was yesterday jailed for five years without the option of a fine by a Karatina court for defiling a five-year-old nursery school girl.

The accused, Jackson Wanjohi Gacheru will also receive three strokes of the cane for the offense described by the court as: "The highest level of sexual abuse perpetrated by a police officer."

The accused who was represented by a Karatina lawyer Mr Maina Karingithi had denied that on May 23 this year at Kahuru chief's camp he unlawfully and indecently assaulted the complainant (name withheld) by touching her private parts.

The prosecution led by inspector Isaiah Oyoo had called seven witnesses.

The complainant had earlier told the court that the accused found her and her peers playing outside the house and asked her to ride on his bicycle upto the chief's camp.

The court heard that the accused fed the victim with some ugali (maizemeal) and orange juice before he removed her underpants and sexually assaulted her.

In his defence, Gacheru claimed that he had found the complainant stranded by the road-side and rode her on his bicycle in a bid to trace her home.

The Karatina Resident Magistrate Mr Aggrey Musiega in his 15-page judgment however noted that the conduct of the accused of taking the girl who was a stranger to him to the camp and cooking her some niceties was abnormal.

He said the prosecution had proved its case beyond any reasonable doubt.

"It is the highest level of sexual abuse perpetrated by a police officer under the cover of protecting a girl. All including police officers who commit such offences will understand that the law will apply to them without discrimination," he said.

Copyright Nation Newspapers Limited

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