JUDGMENT OF THE COURT
1. On the evening of 18th September, 2012 Kenga Mure (PW4) left her three youngest children in the care of her daughter, BK (PW1), who was then 17 years old. According to BK, she was startled awake at around 10:30 p.m. by a knock at the door. Immediately thereafter, she heard the appellant, who happened to be a neighbour, calling out to her and she opened the door. At first, the appellant tried to convince her to follow him to his house by enticing her with a promise to buy her clothes but she refused. He then resorted to threatening to beat her up causing her to accede to his request.
2. It was BK’s evidence that after arriving at the appellant’s house, the appellant undressed and ordered her to do the same. He had sexual intercourse with her until 12:00 midnight and escorted her back home. The appellant gave her Kshs.100 and once again, threatened to beat her if she told anyone about what had transpired.
3. Meanwhile, BK’s siblings who were too frightened to remai…