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In Naivasha, two men, James Mbugua Ndungu and Raymond Munene Kamau, wereconvicted of robbery with violence—but acquitted of attempted rape—in a case in whichthey were charged of removing a woman’s trousers, touching her genitals, and stealing hermoney. The judge ruled that there was no evidence they had intended to rape the victim.5. Republic v. Willy Kipngeno Rotich and 7 Others 159In the only other conviction Human Rights Watch identified for robbery with violence, thecrime in question was less serious than many that took place during the post-electionviolence. Willy Kipngeno Rotich and seven other men were convicted of robbing cash andother property from a victim in Sotik, while threatening to use violence. The suspects wereknown to the complainant and his wife, and were arrested immediately after the incident.Human Rights Watch was unable to ascertain their sentence based on the court file.6. Republic v. Peter OchiengAccording to a police prosecutor interviewed by Human Rights Watch, in Nakuru, PeterOchieng, a Luo, was convicted of grievous harm and sentenced to ten years imprisonment.He was accused of setting fire to his wife, a Kikuyu, during the post-election violence. Hiswife survived the attack. 160Cases Pending Before the CourtsFew significant post-election violence cases remain pending before the courts. HumanRights Watch was able to identify two pending murder cases related to the post-electionviolence, one pending inquest, and one pending rape case, although there may be otherpending cases in jurisdictions where Human Rights Watch did not conduct research.Republic v. Joseph Lokuret Nabany is a murder case pending before the Nakuru High Court.The suspect was charged with being part of a mob that stoned to death Zezia WanguiKaranja, an elderly Kikuyu woman, on January 28, 2008. 161 Several prosecution witnesseshave testified; at this writing the case was scheduled for its next hearing on November 30,at which the final prosecution witness was scheduled to testify. 162159 Republic v. Willy Kipngeno Rotich and 7 Others, Sotik Magistrate’s Court, CR 8/08. Court file consulted by Human RightsWatch, Sotik, August 24, 2011.160 Republic v. Peter Ochiengo, Nakuru Magistrate’s Court, CR 4001/08. Human Rights Watch interview with a prosecutor,Nakuru, October 24, 2011, and follow-up telephone interview, November 24, 2011.161 Republic v. Joseph Lokuret Nabanyi, Nakuru High Court, HCCR 40/08. Court file consulted by Human Rights Watch, Nakuru,August 22, 2011.162 Human Rights Watch telephone interview with a prosecutor, November 24, 2011.“TURNING PEBBLES” 42

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