A gang of robbers numbering about ten surprised Raphael Okwach Ogolla at his house at Ajigo sub-location in Bondo District, after forcing open the door into his said house. He was asleep and suddenly a person flashed a torch directly on his eyes. Immediately another person cut him with a sharp weapon, dragged him out of bed and forced him to go under the same bed.
After a moment the same person ordered him to come out after which that person and several others demanded some money from him. The appellant directed them to the table which was nearby on which Raphael had left Kshs.3,300/=. The robbers got that money and pocketed it.
Raphael was a married man with two wives and each of the wives had her own house. They too were attacked by the same robbers, who, when either of the wives came out to find out what was happening to their husband, she was attacked and beaten thoroughly before being led into Raphael’s house. The two women, Florence Okello and Millicent Adhiambo Okwach were taken to the presence of Raphael. In their presence the robbers beat and cut Raphael severally. They also went to the house of one Frederick Otieno Okwach, who was Florence’s son and after beating him, they frog-marched him to his father’s house where he was made to strip naked and was forced to have sexual intercourse with Millicent Okwach, who was his step-mother. Some of the robbers wanted him to have sexual intercourse with his own mother, Florence Okello, and as soon as his said mother had been made to remove her pants for that purpose, one of the robbers intervened and stopped the move.
The robbers remained in Raphael’s house for about 3 hours, after which they left with several items, among them, a bicycle, 3 lamps, clothes, a land certificate, an identity card, a radio cassette and radio.