JUDGMENT OF THE COURT
This is a second appeal. By dint of the provisions of section 361 (1) (a) of the Criminal Procedure Code, we are confined to consider only matters of law unless we are persuaded that the trial court and the first appellate court have considered matters of fact that they should not have considered or have failed to consider matters they should have considered or that looking at the entire case, their decision on matters of fact are perverse in which cases the omission or commission would, be treated as matters of law.
On the night of 2nd and 3rd August, 2005 at about 1.30 a.m. the complainant Hellen Akinyi (PW1) (Hellen), her mother and Jacinta Juma (PW3) (Jacinta), arrived in Kisumu from Eldoret. It is not certain as to the exact spot where they were dropped in Kisumu, but wherever they were dropped, there were no taxis to take them to their home in Obunga area. They decided to walk home. They had a luggage with assorted clothes, a cell phone, Sargem 320 and cash K…