In a significant turn of events, the High Court in Eldoret has reversed the acquittal of two suspects, Allan Kipchumba and Dennis Kibiwott, who had previously been acquitted of gang rape charges on March 17, 2023.
The recent judgment delivered by Justice Rueben Nyakundi found that the initial acquittal was flawed, as it had been based on inconclusive identification.
Justice Nyakundi emphasized that the victim’s account of the events was accurate.
The victim, who was just 14 years old at the time of the incident, had bravely testified in the trial court, stating that the suspects were her neighbors.
According to her testimony, the men had forcibly transported her on a motorbike and then, in a dark location, they subjected her to a horrific ordeal, taking turns to commit the heinous crime.
The initial trial court had argued that there was a lack of proper identification and suggested that the prosecution should have presented the area chief or community policing officers to confirm the suspects’ identity as neighbors.
However, this verdict left the Office of the Director of Public Prosecutions (ODPP) dissatisfied, prompting them to file an appeal.
With this recent conviction, the High Court has also issued an order for the immediate arrest of the two men.
They are to appear in court for mitigation and sentencing.