Two suspects, Allan Kipchumba and Dennis Kibiwott, have been convicted by the High Court sitting in Eldoret after previously being cleared of charges related to gang rape
The Office of the Director of Public Prosecutions (ODPP), represented by Jamlick Muriithi and Mark Mugun, had filed an appeal, expressing dissatisfaction with the initial judgment.
“The High Court in Eldoret has overturned the acquittal of two suspects, Allan Kipchumba and Dennis Kibiwott, who were previously cleared by the trial court on March 17, 2023, for the offence of gang rape, as outlined in Section 10 of the Sexual Offences Act and has now convicted them,” the statement by ODPP stated.
“The Office of the Director of Public Prosecutions, represented by Jamlick Muriithi and Mark Mugun, was dissatisfied with the judgment and filed an appeal,” ODPP added.
The case involving the gang rape crime specified in Section 10 of the Sexual Offences Act took a major turn when the High Court led by Justice Nyakundi reviewed the trial proceedings.
The original acquittal o
According to the victim’s testimony in the trial court, the suspects, who were neighbours of the victim, had allegedly transported her on a motorbike. In a dark and secluded area, they forced her into the bushes and raped her in turns.
The trial court had previously argued that the prosecution failed to establish proper identification, suggesting that the area chief or community policing officers should have been called upon to confirm the identity of the suspects as neighbours.
However, Justice Nyakundi, in the judgment that reversed the acquittal, concluded that the trial magistrate had erred in dismissing the case based on inconclusive identification. The court found that the events were accurately described by the complainant, leading to the conviction of two.
f the two suspects, who had faced accusations of sexually assaulting a 14-year-old victim, was based on what was considered an inconclusive identification.
In light of the conviction, the court has also ordered the arrest of the two absent respondents
This is to ensure their subsequent appearance in court for mitigation and sentencing.
A status conference to guarantee compliance with this order has been scheduled for November 15, 2023.
“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,” the statement added.
