Two Men Sentenced to 70 Years for Robbery, Gang Rape and Sexual Assault
The court also relied on circumstantial evidence placing both accused persons at the scene and dismissed their defence of mistaken identity.
Photo: Courtesy.
By Robert Mutasi
The Office of the Director of Public Prosecutions (ODPP) has secured a cumulative 70-year prison sentence against two men convicted of robbery with violence, gang rape and sexual assault in a case a Nairobi court described as particularly grave.
Senior Principal Magistrate Irene Kahuya delivered the judgment Monday at the Kibera Law Courts, convicting Cleff Juma Mbaka and Mursal Kafe, also known as Muu Nasur, after finding that the prosecution had proved the charges beyond a reasonable doubt.
The prosecution, led by Principal Prosecution Counsel Hilda Omondi, presented six witnesses whose testimony detailed how the complainant was allegedly lured to Nairobi with the promise of a business opportunity before being robbed of a mobile phone, cash and personal documents.
The court heard that the victim was later drugged, sexually assaulted, gang raped and abandoned at Lang’ata Cemetery with serious injuries that required emergency surgery.
According to the ODPP, prosecutors presented consistent witness testimony, medical evidence, documentary exhibits and a motorcycle tracking report that linked the motorcycle used during the commission of the offences to Mbaka.
The court also relied on circumstantial evidence placing both accused persons at the scene and dismissed their defence of mistaken identity.
Magistrate Kahuya sentenced each convict to 30 years’ imprisonment for robbery with violence, 20 years for gang rape and a further 20 years for sexual assault.
The sentences will run consecutively, resulting in an effective custodial term of 70 years for each convict after taking into account the eight months they had already spent in custody.
In her sentencing remarks, the magistrate said the punishment reflected the gravity of the offences and would serve as a deterrent against violent crime and sexual offences.
The court also cautioned boda boda operators against allowing their motorcycles to be used in criminal activities, noting that such vehicles can facilitate the commission of serious offences.
The conviction marks another successful prosecution by the ODPP in a case involving violent crime and sexual violence, with the prosecution relying on forensic evidence, witness accounts and digital tracking data to secure the guilty verdict.
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