JUDGMENT OF THE COURT
[1] This is an appeal against the judgement of the High Court (Chemitei, J) dismissing the appellant’s appeal against conviction and sentence of ten years imprisonment, for the offence of rape contrary to Section 3(1) of the Sexual Offences Act.
[2] The appellant was charged with the offence of gang rape contrary to section 10 of the Sexual Offences Act. He was alternatively charged with the offence of indecent act with an adult contrary to section 11(a) of the Sexual Offences Act. His co-accused Joseph Odhiambo Ochieng was charged separately but in the same charge sheet with similar offences. In addition, the appellant and the co-accused were charged with the offence of assault, causing actual bodily harm contrary to section 251 of the Penal Code. The complainant in all the counts was the same person. For purposes of this appeal, we abbreviate her name as E.A.A.
[3] After the trial, the trial magistrate made a finding that the appellant raped the complainant and th…