Another real story happened in Kenya years ago
The evidence of J.Y.K. was that on 17-09-06 at about 12.45am, he was asleep inside his four roomed house with his wife J, his daughter F.L.Y., and his grandchildren, R.K. and W.F.B..
His wife woke him up to say they were under attack – infact when he woke up, he found his wife pushing their bedroom door, in an attempt to stop the intruders from entering. PW1 got up, dressed and joined his wife in pushing the door. The small bulb lit by solar power was on. They were eventually overpowered and six people entered. J.Y.K. was immediately hit on the head and told he was wanted.
The six people were known to J.Y.K. as they were residents of Matsangoni area.
Someone hit J.Y.K. with an axe on the mouth and between the eyes, he fell and lost consciousness. When he came to, he realized the wardrobe had been broken into and their valuables stolen. The robbers also cut and killed their dog named Bobesi. It was his evidence that the robbery lasted half an hour, he saw the robbers when they entered the house, then they smashed the bulb. All of them were armed and they had blue torches.
R.K., a girl aged 13 years was inside her grandparents’ house when the robbers struck. She was in a separate bedroom with her aunt F.L.Y. and a maid – she was reading using a lantern lamp which was on the table because the lights had gone off earlier. After the lights came back, she reduced the kerosene flame. Three people walked in when the light bulb was on, and ordered them to lie on the floor facing the ground – they obeyed. The intruders hit them with pangas and announced that they had been sent to collect Ksh. 3million. She heard her grandfather being hit in the next room while two people remained in their room. One of them picked her, placed her on her bed, defiled her for about 15 minutes during which her eyes were open and she recognized her defiler whom she named as Wasi.
W.F.B., aged 16 years was also inside his grandparents’ house on the night in question when he was woken up by noises of thugs approaching at about 12.45am. He opened his bedroom door to look outside and put on the lights. Upon opening the sitting room door, he saw a group of five men already inside the house. He was afraid and tried to lock his bedroom door, but it cracked loudly, alerting the robbers and the five men went to his room. W.F.B. recognized them because the lights were still on.
They pulled him to his grandmother’s bedroom where he found his bleeding grandfather. W.F.B. was ordered to lie on his stomach and not look at the robbers – then they took his cousin R.K. to another room where they gang raped her. He was then forced to have sex with his aunt F.L.Y. while the gang watched.
F.L.Y, a daughter to J.Y.K. and J. was also inside the house on the night of the robbery and confirmed being beaten by the robbers who found her asleep on the bed.
Inside her father’s room she saw 1st and 3rd intruder who had not covered their faces, and 2nd intruder warned her that if she did not show them where the cash was then she would bleed like the others and she watched him ransack her parents’ bedroom while 1st intruder kept banging the wardrobes using a panga which he had.
She was very specific regarding what role each appellant played inside her parents’ bedroom. She identified second intruder as the one who forced W.F.B. to have sex with her, having pushed her onto her father’s bed and forced her legs to spread open.
Like the other witnesses, she too knew the names of most of their attackers and she told police so, but this was not recorded in her statement.
Dr. Ali Hussein confirmed that J.Y.K. sustained injuries and R.K. was defiled as she had tears on the hymen.