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In several rape cases acquittals hinged on identification. Such was the case in Republic v.Erick Kibet Towett and Simion Kipyegon Chepkwony, in which the suspects were accusedof gang rape and robbery with violence in Kericho District on December 31, 2007. Becausethe rape victim did not provide the names of any suspects in her first statement to thepolice, and only named them in a later statement, the judge ruled that the identificationprocess was unclear. 141Similarly, in Republic v. Julius Cheruiyot Kogo, a rape case in Eldoret, the court acquittedthe accused because when the victim first reported the rape, she did not provide thesuspect’s name. 142 The victim told Human Rights Watch that she knew the suspect byappearance, only learning his name later, and that she could have identified him if a lineuphad been held. She did not understand why he was not convicted. Her father toldHuman Rights Watch, “We can’t return to Nandi now, because there is no justice. How canwe live with the people who did this?” 143No security officers were charged with rape, despite numerous attempts by victims toreport such rapes. 144 Police spokesperson Kiraithe told the media that “a lot of allegationsduring that period against security personnel were mere propaganda.” 145Few murder cases made it to the courts. One that did was Republic v. Abraham Karonei andRobert Kamaiyo Tanui. The suspects were accused of killing Evanson Ndungu Karanja, aKikuyu who had run for councilor in Kesses Division. Karanja was attacked by a mob armedwith clubs, arrows, and spears on December 31, 2007. Neighbors took Karanja, still alivebut severely injured, to a police camp, where he died during the night. After his familybrought the body home the following day, the house was set on fire, and Karanja’s bodyburned. Despite eyewitness testimony placing both suspects at the scene of the killing,they were acquitted, in part because police failed to tender evidence—including DNA tests,although they had been carried out—documenting the cause of death and the victim’sidentity. 146141 Republic v. Erick Kibet Towett and Simion Kipyegon Chepkwony, Kericho Magistrate’s Court, CR 66/08. Case file consultedby Human Rights Watch, Kericho, May 13, 2011.142 Republic v. Julius Cheruiyot Kogo, Eldoret Magistrate’s Court, CR 5976/08. Case file consulted by Human Rights Watch,Eldoret,143 Human Rights Watch interviews with a rape victim and her father, Langas, October 19, 2011.144 Human Rights Watch interview with Ann Njogu, September 9, 2011.145 “Rights Groups Accuse Kenya Police of Raping Women in 2007,” Voice of America, May 15, 2009,http://www.voanews.com/english/news/a-13-2009-05-15-voa27-68801252.html (accessed September 12, 2011).146 Republic v. Abraham Karonei and Robert Kimaiyo Tanui, Eldoret High Court, HCCR 15’B/2008. Court file consulted byHuman Rights Watch, Eldoret, May 27, 2011; Human Rights Watch interview with an Eldoret-based lawyer, Eldoret, May 27,2011.“TURNING PEBBLES” 38

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