The High Court in Eldoret has overturned the acquittal of two suspects Allan Kipchumba and Dennis Kibiwott for the offence of gang rape.
The two who were previously cleared by the trial court on March 17, 2023 as outlined in Section 10 of the Sexual Offences Act have now been convicted.
In a judgment delivered by Hon. Justice Nyakundi, it was found that the trial magistrate erred in acquitting the respondents based on inconclusive identification.
Hon. Nyakundi further stated that the events were accurately described by the complainant.
The victim, who was 14 years old at the time of the incident, had testified in the trial court that the suspects who were her neighbours had transported her on a motorbike but in a dark spot they forced her into the bushes and raped her in turns.
The trial court had argued that proper identification was lacking and that the prosecution should have presented the area chief or community policing officers to confirm the suspects’ identity as neighbours.
The Office of the Director of Public Prosecutions represented by Jamlick Muriithi and Mark Mugun was dissatisfied with the judgment and filed an appeal.
The court has also ordered the arrest of the absent respondents for their subsequent appearance in court for mitigation and sentencing.
A status conference to ensure compliance with this order is scheduled for November 15, 2023.
