The Director of Public Prosecutions (DPP) has secured a 70-year cumulative prison sentence against two men convicted of robbery with violence, gang rape and sexual assault in a case the court described as particularly grave.
In a judgment delivered at the Kibera Law Courts on Monday, Senior Principal Magistrate Irene Kahuya convicted Cleff Juma Mbaka and Mursal Kafe alias Muu Nasur after the prosecution proved the charges beyond reasonable doubt.
The prosecution, led by Principal Prosecution Counsel Hilda Omondi, called six witnesses who testified that the complainant had been lured to Nairobi with the promise of a business opportunity before being robbed of his mobile phone, cash and personal documents.
The court heard that the victim was drugged, sexually assaulted, gang raped and later abandoned at Lang’ata Cemetery with serious injuries that required emergency surgery.
According to the Office of the Director of Public Prosecutions (ODPP), the prosecution presented consistent witness testimony, corroborative medical evidence, a motorcycle tracking report and documentary exhibits linking the motorcycle used in the crime to the first accused. The court also relied on circumstantial evidence placing the two men at the scene and dismissed their defence of mistaken identity.
Mbaka and Kafe were each 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 after taking into account the eight months they had already spent in custody.
In sentencing the convicts, Magistrate Kahuya said the punishment reflected the seriousness of the offences and would serve as a deterrent against violent and sexual crimes.
The court also cautioned boda boda operators against allowing their motorcycles to be used to facilitate criminal activities.
