NAIROBI, Kenya, Jun 29-Two men convicted of robbery and sexual assault have each been handed consecutive prison sentences totaling 70 years after the Office of the Director of Public Prosecutions (ODPP) successfully secured their conviction at the Kibera Law Courts.
In a judgment delivered on Monday, Senior Principal Magistrate Irene Kahuya found Cleff Juma Mbaka and Mursal Kafe, also known as Muu Nasur, guilty of robbery with violence, gang rape and sexual assault after the prosecution proved its case beyond reasonable doubt.
The prosecution, led by Principal Prosecution Counsel Hilda Omondi, presented evidence from six witnesses showing that the victim had been lured to Nairobi under the pretext of a business opportunity before being attacked.
According to the prosecution, the complainant was robbed of his mobile phone, cash and personal documents before being drugged, sexually assaulted and gang raped. The attackers later abandoned him at Lang’ata Cemetery with severe injuries that required emergency surgery.
The court relied on the complainant’s consistent testimony, corroborating medical evidence, a motorcycle-tracking report, documentary exhibits linking the motorcycle to the first accused, and other circumstantial evidence placing both convicts at the scene of the crime.
The defence’s claim of mistaken identity was dismissed after the court found the prosecution’s evidence credible and compelling.
“In reaching its verdict, the court relied on the complainant’s consistent and credible testimony, corroborative medical evidence, a motorcycle tracking report, documentary exhibits linking the motorcycle to the first accused, and other circumstantial evidence that conclusively placed the two convicts at the scene,” ODPP said.
Each convict was sentenced 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, with the court taking into account the eight months the accused had already spent in custody.
In sentencing the two men, Magistrate Kahuya said the lengthy prison terms reflected the gravity of the offences and would serve as a strong deterrent against violent and sexual crimes.
The magistrate also cautioned boda boda operators against allowing their motorcycles to be used to commit criminal activities.
The Director of Public Prosecutions welcomed the conviction, describing it as a significant outcome in the pursuit of justice for victims of violent and sexual offences.