John mwashigadi mukungu -vs- R, criminal appeal no.227 of 2002 [unreported]: a sad commentary on how not to make good law

Abstract

the recent decision of the Kenya Court of Appeal delivered in Mombasa on 30th January, 2003, the court found itself confronted with the vexed question of dealing with a conviction in a sexual offence based on uncorroborated evidence From the summary of the facts, it is alleged that the offence was committed on the 20/10/2000 at about 7:30 p.m. at Mwakingali Estate in Taita Taveta District of Coast Province, Kenya. The complainant was accosted by a man whom she identified as the appellant. She was dragged into a nearby house where she was forcibly stripped naked and forcibly sexually assaulted. I Although she screamed for help, apparently nobody came to her rescue. Indeed, she testified that after the assault, the appellant locked her in the house and went away, returning with another man who also forcibly had sexual intercourse with her. She did not identify the second man (although she identified the appellant).