RICKY KITETA MWEMA & ALBERT KITONYI NZWII V. REPUBLIC

JUDGMENT OF THE COURT

Before the two courts below the question for determination was whether both appellants in the instant appeal were positively identified as part of the 3-man gang that robbed and raped the complainant on the night of 3^rd July 2010. According to the complainant who lived in a flat below that occupied by the 2^nd appellant’s aunt, the robbers gained access to her flat at 3 a.m. through the door leading to the balcony. She was alone with her 9 and 6 year old children, the husband, a traffic police officer having travelled out of town. She woke up when she felt a metallic object pressed against her throat and was ordered to keep quiet. She instead screamed and struggled with one member of the gang towards the living room. When they got to the living room she managed to turn on the lights briefly before the robber turned them off again and began to rape her. Before they were turned off she had seen the person she was struggling with and who had raped her. That person was…