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…Ground Two: Evidence Obtained Through Duress, Threats, and Inducements 8.…

…Whether the complainant's testimony was vitiated by hearsay or obtained through duress, threats, and physical violence by her uncle (PW2). iv.…

…That the trial court erred in law and fact by relying on suspicious and fictitious evidence of the complainant who was under duress to implicate the appellant. ii.…

…He submitted that evidence of PW1 is suspicious and fictitious since it was made under duress from PW2 and was geared towards implicating the appellant.…

…He further submitted that the trial court failed to scrutinize the evidence presented which was based on hearsay and that PW2 and PW4 testified under duress, were beaten, threatened and gave fabricated testimonies which should…

…He further submitted that the evidence presented before the trial court was based on hearsay and that PW2 and PW4 testified under duress, were beaten, threatened and gave fabricated testimonies which lowered their credibility…

…He raised the following grounds of appeal: a) The trial magistrate grossly erred in law and fact in relying on suspicious and fictitious evidence of PW1 and without noting that PW1 was subjected to duress, thus incriminating…

…Where a woman yields through fear of death, or through duress, it is rape and it is no excuse that the woman consented first, if the offence was afterwards committed by force or against her will; nor is it any excuse that…

…Where a woman yields through fear of death, or through duress, it is rape and it is no excuse that the woman consented first, if the offence was afterwards committed by force or against her will; nor is it any excuse that…

…“Lengthy” is a few description of the appellant’s plea in mitigation and, in the light of that plea, it is quite impossible for this court to regard the appellant as a man who was subject to any sort of duress or constraint…

…So, if a woman yields through fear of death or through duress, it is rape and it is no excuse that the woman consented first, if the offence was afterwards committed by force or against her will; nor is it any excuse that…

…He asked the suspect whether he was under any duress, and the suspect confirmed that he had offered to give his statement voluntarily. He reduced this into writing and invited him to sign the same.…

…PW5 continued to testify that he reduced the suspect’s narrative to writing and that the suspect thumb-printed each page of what was recorded, and that he was not under duress or compulsion, and PW5 produced the same as P.Exh2…

…(b) That the trial magistrate grossly erred in both law and facts by relying on suspicious and fictitious evidence of PW1 and without noticing that PW1 was subjected to duress thus incriminating the appellant.…

…It is the Plaintiff’s contention that the learned trial Magistrate erred in both law and facts by relying on hearsay evidence without noting that the complainant was subjected to duress thus incriminating the appellant. 13…

…Where a woman yields through fear of death, or through duress, it is rape and it is no excuse that the woman consented first, if the offence was afterwards committed by force or against her will, nor is it any excuse that…

…Where a woman yields through fear of death, or through duress, it is rape and it is no excuse that the woman consented first, if the offence was afterwards committed by force or against her will; nor is it any excuse that…

…Where a woman yields through fear of death, or through duress, it is rape and it is no excuse that the woman consented first if the offence was afterwards committed by force or against her will; nor is it any excuse that…

…That the trial magistrate grossly erred in law and facts in relying on suspicious and fictitious evidence of PW1 without noting that PW1 was subjected to duress thus incriminating the appellant. c.…

…The Appellant contends that the trial court relied on hearsay evidence without noting that the complainant was subjected to duress thus incriminating the appellant.…

…That the trial magistrate grossly erred in law and facts in relying on suspicious and fictitious evidence of the complainant and without noting that she was subjected to duress thus incriminating the Appellant. 2.…

…Where a woman yields through fear of death, or through duress, it is rape and it is no excuse that the woman consented first, if the offence was afterwards committed by force or against her will; nor is it any excuse that…

…The ingredients of the offence of rape arising out of this section are therefore intentional and unlawful penetration, lack of consent, or that consent was obtained under duress or coercion.…

…shows that right from leaving home at C. for the appellant to escort the complainant to board the bus in Mombasa and even up to the point of the complainant boarding the bus, it was voluntary acts all through without any duress…

…She maintained that extra-judicial admissions must meet strict statutory thresholds and that negotiating a civil shortfall or acknowledging a bookkeeping deficit under duress does not equate to a criminal confession of theft…

…He argued that the Complainant was subjected to duress to incriminate him.…