JUDGMENT OF THE COURT
The appellant was convicted of the offence of gang rape contrary to section 10 of the Sexual Offences Act, 2006 and sentenced to 30 years’ imprisonment. His first appeal to the High Court was unsuccessful, hence this second and final appeal.
The brief facts of the case were that complainant, N. L., a woman aged 28 years, testified that on 17th January, 2009 at about 6.00p.m. in Turkana North, she was on her way home after fetching water when the appellant and one other person by the name Loroma Epenet (now deceased) pounced on her and raped her in turns. The complainant knew her assailants because they were her neighbours.
After the ordeal, the complainant reported the incident to her father, PW4, and together they went to the home of Loroma and arrested him. The appellant was arrested on the following day. On18th January, 2009 the complainant was examined by a clinical officer who certified that she had bruises on her neck. There were also bruises and lacerations a…