JUDGMENT OF THE COURT
On 15th October, 2005, at about 7 p.m., 40 year old JW (PW1), was walking home alone after visiting her sick father in Chesamis, Kitale. Her home is in W. Farm in Kitale and the road she followed went across a river. On her way back she carried a bag of “sukuma wiki” vegetables. As she reached the river crossing, she was grabbed on the neck by someone. She struggled to release herself but the person told her that he would kill her if she did not do what he wanted. He pushed her down and pulled her into a ditch in the riverbed which had muddy water. The assailant tore JW pants completely and opened his trouser zip. He fell on top of JW and she realized that the assailant wanted to rape her. He scratched and twisted her neck and she screamed out loud. Another lady who was also walking home behind JW that evening arrived at the scene and saw what was happening. She was Agnes Nanjala Wekesa (PW2), a neighbour who was returning home after a visit to her daughter’s home…