NICKSON OTIENO ODERO V. REPUBLIC

JUDGMENT OF THE COURT

NICKSON OTIENO ODERO, the appellant herein, was charged in the court of the Senior Resident Magistrate at Oyugis with two offences of robbery with violence contrary to section 296 (2) of the Penal code, one count of rape contrary to section 140 of the Penal Code and on one count of indecent assault on a female contrary to section 144 (1) of the Penal Code. The facts of the robbery offences were that on 13^th January, 2005 at K sub-Location of Rachuonyo District within Nyanza Province, jointly with others not before court robbed RO (PW1) and LM (PW2) specified amounts of money and property and at or immediately before or immediately after the time of such robbery used actual violence on the said complainants. The facts of the rape charge are that the appellant had carnal knowledge of PW1 without her consent while indecent assault on PW1 concerned the appellant unlawfully and indecently touching her private parts.

During the trial of the appellant the prosecution cal…