The High Court in Eldoret has overturned the acquittal of two suspects previously cleared of gang rape.
Allan Kipchumba and Dennis Kibiwott were on March 17, 2023, acquitted of the offence but the new turn of events has seen them convicted.
In a judgment delivered by Justice Rueben Nyakundi, it was found that the trial magistrate erred in acquitting the two based on inconclusive identification.
Nyakundi further stated that the events were accurately described by the complainant.
The victim, who was 14 years old at the time of the incident, had testified in the trial court that the suspects were her neighbours.
She had told the court that the men 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.
However, the Office of the Director of Public Prosecutions (ODPP), was dissatisfied with the judgment and filed an appeal.
With the conviction, the High Court has also ordered the arrest of the men for their subsequent appearance in court for mitigation and sentencing.
A status conference to ensure compliance with the order is scheduled for November 15, 2023.
