JUDGMENT OF THE COURT
1. Alas Bille Aden, hereinafter referred to as the appellant, was charged before the Senior Resident Magistrate’s Court at Wajir with the offence of rape contrary to section 140 of the Penal Code. He was also charged in the alternative with the offence of indecent assault on a female contrary to section 144 (1) of the Penal Code.
2. The brief particulars of the case were that on the 12th January 2006, at around midnight at Elnur Location, in Wajir District, within the North Eastern Province, the appellant had carnal knowledge of A A B without her consent.
3. The facts led before the trial court were that A A B (PW1), a girl of over sixteen years, was on the 12th January 2006 herding goats at Kokote with Z A B (PW2) who is the appellant’s daughter, and the appellant. On their way back home, they had decided to camp out as it was late and they feared being attacked by wild animals. At around midnight, A felt someone undress her. She woke up and saw that it was the app…