JUDGMENT OF THE COURT
Following his conviction, after a trial, John Lokala Akolong, the appellant, was sentenced to 15 years imprisonment by the Senior Resident Magistrate’s Court ( T. Nzioki ) at Lodwar for the offence of rape contrary to section 3(1) as read with section 3(3) of the Sexual Offences Act. The particulars of the offence alleged that on the 20th February, 2009 in Turkana Central District within Rift Valley Province, intentionally and unlawfully committed an act which caused penetration to the genital organs of C.M without her consent. The appellant’s first appeal against conviction and sentence was dismissed by the High Court.
The evidence before the trial court which that court and the High Court accepted, was that at about 9 a.m. on 20th February, 2009 C.M (C ) (PW2), the complainant, was on her way home from the fishing area of E[...] when she encountered the appellant who she had known from before. The appellant asked her to stop, and slapped her. She attempted to mo…