Description

Criminal Litigation

On 14/12/2014, Beauti Bet visited her boyfriend Alfredo at his house in Sweetview Estate. She prepared dinner and after they ate, the couple sat in the living room to watch a movie. As they enjoyed the movie, suddenly the alarm on the roof went off and just then, there was a huge bang on the main door and it fell in.

In walked four men. The time was 6 phi. Two of the men had pistols and the other two pulled out ropes. All four men shouted at them to lie down which they did. The two men with ropes proceeded to tie up Alfredo. They then lifted Beauti Bet up and all four of them went with her to Alfredo’s bedroom while warning her of dire consequences if she even squeaked. They took her to the bathroom and as two of the mén held her down, the other two removed her clothing and raped her in turn. When they were through, they held her down as the other two, who were the ones having pistols, forced her to have oral sex with them.

They then left her on the bathroom floor bleeding and bruised weeping uncontrollably and ransacked Alfredo’s bedroom. They took Kshs.75,000/- from the bedside drawer, 4 suits, 10 shirts, 6 pairs of jeans, and 2 Rado watches valued at

They then went to the living room and after kicking Alfredo, took the TV make LG., the DVD, the Bamba Decoder, and 3 paintings. They then left. Beauti dragged herself to the living room, still weeping, and untied Alfredo and he helped her dress quickly and they went out to go to the hospital. They found Alfredo’s car gone but Beauti’s was there. They went to Kisura Police Station and then to Valley View Hospital where both were treated.

That night at about I()p.m., Sgt Mwangalifu and PC Mgeni were on mobile patrol along Mirenda Road running parallel to Kahawa Coffee Estate when they saw a vehicle overtake theirs at a high speed and hit a huge pothole then skid off the road. Four men got out and took to their heels into the coffee plantation. The officers gave chase and PC Mgeni shot dead one of the men and after a fierce exchange of fire where two of the men were also shot in the thighs, the three surrendered. The firearms they had, two pistols, make star, and Ceska recovered. The moto vehicle they were in turned out to be Alfredo’s and all the items stolen from his house during the robbery were found in the vehicle except the TV set make LG that was recovered in the house of the dead robbers at Kan aitcene.

The robbers were Mkali, Muongo, Sura, and Mkorofi. It was(Mkorofi who was shot dead. When she reported the incident, ^LBeauti told the police that she marked the appearance of all the men but as one had a scar on the left cheek, one has a tattoo on the chest, one had a very hairy chest while one was brown. Alfredo sai e was unable to mark the appearance of any of them.

The three robbers and Mkorofi’s mother were arrested and the police intend to prosecute them.

• Prepare the complaint by Beauti Bet. (2 marks)
• Prepare the charges. (6 marks)
• Advise the police on steps to take in order to carry out an identification parade. (7 marks)