A Principal Magistrate’s Court at Kithimani in Machakos County has sentenced an individual to 20 years’ imprisonment after he was found guilty for rape.
The Director of Public Prosecutions (DPP) said the accused, identified as Moses Mbithi Muia, was charged under Section 3(1)(c) as read with Section 3(3) of the Sexual Offences Act.
In her testimony during the trial, the complainant stated that on the evening in question she was at a local bar where she had consumed alcohol. Upon deciding to leave the premises, the accused, a person known to her, offered to transport her home using his motorcycle. She agreed, expecting to be dropped off at her residence.
“Instead, the accused diverted the route and took her to his own house. Once inside, he locked the door and forcibly had sexual intercourse with her without her consent,” DPP said in a statement.
“The complainant stated that she resisted, but the accused overpowered her. After the ordeal, she left and reported the matter to the authorities,” DPP added.
The complainant presented to court, a medical evidence confirming penetration and physical injuries consistent with sexual assault. The investigating officer testified that the accused was arrested after being identified by the complainant.
In analyzing the evidence, the magistrate found the complainant’s account credible and consistent. He further noted that the medical report corroborated her testimony.
The court held that the prosecution had proved all elements of rape beyond reasonable doubt. The magistrate emphasized that the complainant’s prompt reporting and corroboration by medical findings strengthened the case.
In sentencing, the magistrate, Hon. Wechuli, observed the worrying trend of sexual violence against women, describing the offence as cruel and violent in nature. The court noted that such crimes cause deep physical and psychological harm and must attract deterrent punishment.
The accused was sentenced to 20 years imprisonment, with the court stating that the penalty was commensurate with the gravity of the offence and aligned with statutory provisions.
The accused was informed of his right to appeal within fourteen days.
