JUDGMENT OF THE COURT
The appellants lodged this appeal against the sentence imposed on them following their conviction for the offence of gang rape under Section 10 of the Sexual Offences Act. The 1st appellant, however, as the appeal was pending hearing, withdrew his appeal on 17th September, 2020.
In convicting the appellants, the trial court was persuaded on the evidence that on 7th May, 2010 at around 1:00a.m. PW1 was woken up by two intruders who had gained access into the house by breaking in through the window; that PW1 and her daughter, PW2, recognized both intruders, the two appellants. The 1st appellant, being PW1’s brother-in-law and therefore an uncle to PW2, while the 2nd appellant was known generally by his alias name, ‘Besty’.
The court also found, as a matter of fact, that the two appellants dragged PW1 into the shamba where they proceeded to rape her in turns; that after that the two led her back to the house they met PW4 and PW7, the 1st appellant’s brother and father,…