ROBERT MWERI CHARO V. REPUBLIC

JUDGMENT OF THE COURT

The appellant and complainant were neighbours at [particulars withheld] Village, Kaloleni Sub County of Kilifi County. Indeed their houses were hardly 10 metres apart. The complainant was by then aged 16 years and lived with her mother D K (PW2). These three people were all known to each other. Indeed on occasions, the appellant would ask the complainant to run errands for him, particularly in the absence of his wife and children.

One such occasion was on the 11^th February, 2011 at 2 p.m. when the appellant wanted her to go to the nearby shops and buy him credit for his cell phone. Unknown to the complainant, however, the appellant had other designs. When the appellant beckoned the complainant for the errand, PW2 witnessed as she stood outside her house. She had previously come by the information that under the guise of asking the complainant for assistance, the appellant had severally sexually assaulted her in his house. Being suspicious of the appellant’s intenti…