A man from Tiaty, Baringo County has been sentenced to five years imprisonment before a Kabarnet court after being found guilty of attempted rape.
Paul Loritai Krop was charged that on March 4, 2020 at about 2pm at Loiwat village in Tiaty West Sub-County, he unlawfully and willfully raped Peninah Paul contrary to section 3(1) and (3) of the Sexual Offences Act No.3 of 2006.
When the charge was read to him before Senior Principal Magistrate Paul Biwot, the accused pleaded not guilty as five prosecution witnesses testified to the contrary before the court ruled that he was guilty of attempted rape.
The court heard that the accused attacked the complainant as she was fetching water in a nearby stream where he wrestled her but she resisted and ran away while screaming.
The magistrate was told that the accused who caught up with her, quickly felled her down then held her throat and proceeded to close the mouth as he gave a hard blow on the nose forcing her to faint.
Upon regaining consciousness, the court heard, the complainant fought back and held the accused by his member and as he was excruciating in pain the complainant managed to escape.
During the attack, the court was informed, the accused sustained injuries on the testicles and face while the complainant suffered injuries on her neck.
Frankline Ruto, one of the witnesses and who lives near the market stated that he heard a distress call of a woman but dismissed it as that of a drunkard but visiting the scene the following morning he was shocked to find a torn underwear and a small bag.
In his statement, area chief Japeth Chrison said that he received a report three days later that a woman had been raped by a man known to her and he handed over the matter to officer commanding station (OCS).
Corporal George Otieno, the Investigating Officer told the court that he received a report of a rape case three days after the incident was committed adding that they retrieved the complainant’s torn underwear and shoes that have been submitted as exhibits.
A doctor’s report produced in court showed that the complainant had bruises on her neck but could not determine if she had been raped since three days had elapsed hence there was no deposits.
In his defense, the accused stated that he is innocent and his children will suffer since he is an orphan and breadwinner.
The magistrate in his ruling said the prosecution lined up five witnesses who testified and the accused has been found guilty of attempted rape and subsequently went ahead to sentence him to five years imprisonment.
However the Kabarnet Senior Principal Magistrate Mr Biwot gave the accused 14 days right to appeal.
By Caroline Cherono