JUDGMENT OF THE COURT
The appellant, Lucas Barasa Onyango, was arraigned before the Senior Principal Magistrate’s Court at Busia on one count of rape contrary to section 3(1) of the Sexual Offences Act. The particulars were that on 1st January, 2007, at [particulas withheld] market, Bukhalalire sub-location, Busia District within Western Province with others not before court he intentionally had unlawful carnal knowledge of E.A.K. without her consent. The appellant also faced an alternative charge of indecent assault on a woman contrary to section 11(1) of the Sexual Offences Act; with particulars being that on the same day and place, the appellant unlawfully and indecently assaulted EAK. by touching her private parts.
The appellant denied the charges but following a full trial, he was found guilty of the main count and sentenced to ten (10) years imprisonment. His appeal to the High Court, which was limited to sentence, was dismissed by Muchemi, J., who in turn enhanced the sentence to…