JACKSON CHERUIYOT KIRUI V. REPUBLIC

JUDGMENT OF THE COURT

Background

1. This is a second appeal arising from the judgment of the High Court at Kitale, (Chemitei, J.). The appeal originates from a judgment of the Chief Magistrate’s Court at Kitale where Jackson Cheruiyot Kirui, (the appellant) was tried and convicted for the offence of rape contrary to section 3(3) of the Sexual Offences Act No. 3 of 2006. The particulars of the offence were that on 12^th February, 2014 at Zea village within Trans-Nzoia County, the appellant intentionally and unlawfully caused his penis to penetrate into the anus of the complainant, MN (name withheld) without her consent.

2. The prosecution called a total of seven (7) witnesses while the appellant gave an unsworn statement and did not call any witnesses.

3. The complainant testified that at about 6.00 pm on 12^th February, 2014, she was sent by her mother, PMW (P) to bring back the cows from their grazing fields. On her way to the grazing field, she met the appellant who approached her and tol…