JUDGMENT OF THE COURT
1. On 13th October, 2006 at around 1:00 p.m. while PK (PW1) a minor was on her way home from school she ran into a man who she identified as Safari Charo Koyo, the appellant. The appellant grabbed her by the throat and carried her into a nearby bush. He placed her on a tree stump and brandished a knife ordering her not to scream. He tore her shirt, skirt and panties using the knife. He then removed his trousers, covered her mouth with his hand and proceeded to defile her. When he was done, he stabbed PK on both her legs with the knife and left.
2. Fortunately, PK mustered the strength she had and dragged herself home where she found her mother, A D K (PW2). A noticed that her daughter was struggling to walk and upon close examination observed that she was bleeding from her legs and vagina. PK informed her about what had transpired. A together with her husband, D K (PW3), reported the incident to the area sub-chief and thereafter at Malindi police station. PK was ta…