Nairobi — The suspects Allan Kipchumba and Dennis Kibiwott were previously cleared by the trial court on March 17, 2023, for the offence.
While delivering the judgement the court found that the trial magistrate erred in acquitting the respondents based on inconclusive identification.
It further stated that the events were accurately described by the complainant.
In a statement by the Office of the Director of Public Prosecutions, the victim, who was 14 years old at the time of the incident testified in the trial court that the suspects, who were her neighbors, had transported her on a motorbike, but in a dark spot, they forced her into the bushes and raped her in turns.
“The trial court had 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 neighbours,” the ODPP said in a statement.
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