WILSON TARUS KANDIE V. REPUBLIC

JUDGMENT OF THE COURT

1. The appellant, Wilson Tarus Kandie, was charged with rape contrary to Section 3 (1) (a) as read with Section 3 (3) of the Sexual Offences Act. The particulars were that on the 2^nd day of August 2010 at about 19.00 hours at Kiptum within Keiyo District of Rift Valley Province, he intentionally and unlawfully caused penetration by use of his penis into the vagina of T J R without her consent. He faced an alternative charge of assault causing actually bodily harm contrary to Section 251 of the Penal Code.

2. The prosecution case was founded inter alia on the testimony of TJR, (PW2) who testified as follows:

“I am a house wife. I know the accused person. He is before court. He is my neighbour. He stays 3 km away from my home. I recall on 2^nd August 2010 at 6.00 pm. I was coming from the posho mill when I met Wilson Tarus Kandie on the way. He greeted me and I responded. He asked whom I had met along the way and I told him no one. I went about 100m as he had left. He …