The high court in Eldoret has today overturned the Acquittal of two suspects, finding them guilty of rape.
Two suspects who were cleared by the court of trial on march 17,2023 for the offence of gang rape have been convicted in Eldoret high court.
According to the judgement delivered by Justice Nyakundi ,it was found that the trial magistrate erred in acquitting the respondents based on inconclusive identification.
Nyakundi further stated that the events were accurately described by the complainant.
However,the victim who was 14 years old at the time of the incident had testified in the trial court.
He said that the suspects who were neighbors had transported her on a motorbike to where the act happened forcing her into the bush hence raping her in returns.
The Office of Director of Public Prosecution (ODPP) however, argued that proper identification was lacking and that the prosecution should have presented the area chief or Community policing officers to confirm the suspects’ identity as neighbors.
The Office of the Director of Public Prosecutions, represented by Jamlick Muriithi and Mark Mugun, was dissatisfied with the judgment and filed an appeal.
The court has also ordered the arrest of the absent respondents for their subsequent appearance in court for mitigation and sentencing.
A status conference to ensure compliance with this order is scheduled for November 15, 2023.
