Man Slapped With 20-Year Jail Term After Rape Conviction

The Office of the Director of Public Prosecutions (ODPP) secured a conviction after a court in Kithimani sentenced Moses Mbithi Muia to 20 years in prison for rape following a full trial, and informed him of his right to appeal the decision within 14 days.

Principal Prosecution Counsel James Gachoka said the court found Muia guilty of rape under Section 3(1)(c) as read with Section 3(3) of the Sexual Offences Act.

The prosecution, led by Gachoka, told the court that the victim testified she had been at a local bar on the evening of the incident and accepted a ride home on the accused’s motorcycle, as she knew him.

Complainant Testifies

The complainant testified that instead of taking her to her home, the accused diverted the route and took her to his own house.

The court was informed that once inside the house, the accused locked the door and forcibly had sexual intercourse with her without her consent, despite her resistance and trying to fight him off.

After the incident, the complainant went and reported the matter to the relevant authorities.

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Medical Evidence

Her testimony was supported by medical evidence, which was also presented in court, which confirmed penetration and injuries consistent with sexual assault, or rather, rape.

The investigating police officer also testified that the accused was later arrested after being positively identified by the complainant.

In delivering the judgment, the trial magistrate found the complainant’s testimony credible and consistent, stating that it was corroborated by the medical findings provided.

The court also dismissed the accused’s defence that he was elsewhere at the time of the incident, stating that it was not supported by any evidence.

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