JUDGMENT OF THE COURT
The appellant was convicted by the Principal Magistrate at Malindi of rape and sentenced to 7 years' imprisonment with hard labour and 5 strokes of the cane. The particulars of the charge were that on 7th May, 1996 at or about 8.45 p.m. near [particulars withheld] Hotel, Watamu in Kilifi District of the Coast Province, he had carnal knowledge of F.W.W(1) without her consent.
The evidence which the trial court accepted was that the complainant after having dinner with two friends at a local restaurant was left at a bus stop to catch transport to the place where she lived with her sister F.W(2) (p.W.1). The appellant whom the complainant knew before as a customer in a supermarket where she worked came along in his car and agreed to give her a lift to her house. The complainant got into the car. Instead of taking the complainant to her residence he drove into a bush and then stopped the car. He began making advances to the complainant which she rebuffed.He got out of …