JUDGMENT OF THE COURT
[1] The appellant was convicted by the Resident Magistrate, Iten for the offence of rape contrary to section 3(1) (a) as read with section 3(3) of the Sexual Offences Act and sentenced to ten (10) years imprisonment. His appeal to the High Court at Eldoret against conviction and sentence was dismissed. He now appeals against the judgment of the High Court.
[2] The prosecution called four witnesses at the trial. Their evidence in summary is as follows:
On 5th June 2012 at about 7.00p.m. the complainant who is a woman aged about sixty (60) years went to the home of Winnie Kiprop (Winnie), who used to sell Sapphire, an illicit brew. She found Winnie’s husband and the appellant in the house. The appellant is a village elder and the father of Winnie. After buying and taking the brew she left for her nearby home. After walking for about 20 metres, the appellant followed her. He held her tightly and knocked her down. The complainant called his name and asked him what he wa…