Reference no: EM133461213
Question 1.
On 1st May 2023, Mzito and Kadogo who reside in Twende Kazi, locked up their house and went to the city centre to enjoy boat rides at Uhuru Park. They decided to use Mzito's motorbike. On their way back, they were flagged down by Kubwa and Mawe, since Mzito is a licenced Boda Boda operator he thought it was a good idea to make some extra money. Kubwa and Mawe indicated that they did not live far from Mzito and Kadogo, it was agreed that they would walk to their homes from Twende Kazi. On arrival, as Mzito was parking the motor bike, Mawe raised what looked like a gun, and motioned both Mzito and Kadogo to be silent. He asked them to surrender the house keys and opened the door. Kubwa, went in with Kadogo, blind folded her and tied her hands and feet. Kubwa tried to forcibly kiss Kadogo and pull down her pants. Meanwhile, Mawe who had also blindfolded and tied up Mzito ordered Mawe to "wacha ujinga" (stop the foolishness) and to concentrate searching for valuable items. They each ransacked the house and using directions from their captives they were able to get 2 tablets, 2 laptops and 3 pairs of gold earings. They also had Mzito and Kadogo transfer Kshs 20,000 each from their mpesa accounts to a number which they dictated. Using the motorbike, they went off with Mzito still blindfolded to Kazi Bure Estate and locked him up in a house. From the house they ordered Mzito to call friends and relatives to send money to them for his release. Meanwhile Kadogo reported the incident to the Fanya Kazi Police Station. Based on signals from the phones, they traced the house in Kazi Bure Estate and managed to rescue Mzito and apprehended both Kubwa and Mawe. After investigations, the Mpesa transfers were traced to Msamaria Mwema's shop in Bidii estate, together with the two laptops and the motorbike which he had posted on his Facebook page for sale. Msamaria Mwema was arrested.
Advise the investigators on the possible charges to be preferred against the Kubwa, Mawe and Msamaria Mwema.
What defences are available to Msamaria Mwema.
Question 2
In some instances, the punishment for robbery with violence has been criticized to be synonymous with 'killing a mosquito with a sledge hammer.
To what extent do you agree or disagree with this claim?
Question 3
Dr. Tom has been working as a medical doctor for the last 12 years and is very proud of his occupation. However, in the last month, due to a number of complaints from patients, Tom's licence to practice medicine has been suspendedby the Kenya Medical Practitioners and Dentists Board.
After learning of his suspended medical license, Tom decides to attend a party with work colleagues and friends. Whilst at the party, Tom is approached by Jane, a young woman (18 years old) who is in some distress. Jane has mistaken Tom for her usual doctor, Dr. Kennedy, and proceeds to tell Tom that she is worried about a small lump that she has noticed in one of her breasts. Tom realises Jane's mistake but does not correct her. Tom wants to help, and he also does not want to upset Jane any further because he finds her very attractive. He takes her into a private room and performs a breast examination.
Later that evening, Tom gets chatting with another young woman Mary (19 years old) while sitting on the sofa. Both Mary and Tom have been drinking alcohol throughout the evening, and by this stage they are both rather drunk. Maryin particular is feeling ill, and during her conversation with James nearly loses consciousness on several occasions. After chatting for several minutes, they begin kissing. Tom suggests to Mary that they go upstairs to one of the bedrooms to have sex. The two then have sexual contact.
Discuss Tom's potential criminal liability for sexual offences (if any).