Two jailed 15 years each for gang rape
Western
By
Mary Imenza
| Feb 19, 2024
Kakamega Law Courts has sentenced two men to 15 years in prison each after they were found guilty of gang-raping a woman in Khwirenyi area.
Kakamega Senior Resident Magistrate Viena Amboko sentenced Silas Liyayi Mboya, 30, and Dennis Shikokoti Muhanji, 40.
They also faced an alternative charge of committing an indecent act with an adult contrary to section 11(a) of the Sexual Offences Act number 3 of 2006.
Amboko while sentencing the duo said section 10 of the Sexual Offences Act provides for a sentence of not less than 15 years which may be enhanced to life imprisonment.
"Taking into consideration the circumstances of the offence, I sentence both accused persons each to serve a sentence of 15 years imprisonment. The sentence for the first accused to commence on September 1, 2021, when he was placed in remand pending trial while for the second accused to commence on December 18, 2023, when his bond was cancelled pending sentencing," she said.
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The trial magistrate also said she had considered the accused persons mitigation and being first offenders.
"I have considered the first and second accused persons mitigation. The probation report is positive and recommends that the court should make a final determination noting the seriousness of the charge. They have 24 days to appeal the conviction," she said.
The court heard that the two knocked at the victim's house in the evening and identified themselves as police officers before committing the offence.
"They went to the victim's house and posed as police officers. She had a solar lamp that she used to identify them and the second accused sapped her, covered her mouth, beat her and raped her," said the prosecution.
The woman's son was in the house during the incident but was locked inside a cupboard.
"After 30 minutes, she called her son who had been locked inside the cupboard who raised the alarm and she was taken to hospital," said Duncan Mbonzo.
Court documents state that "on August 28, 2021, at Khwirenyi, Khayega location in association with Silas Liyali Mboya and Dennis Shikokoti Muhanji and others not before court one after the other intentionally gang-raped the woman."