A Shanzu law court has relied on a torn Dera(loose dress) to convict a middle-aged man to ten years in prison over the offense of rape.
In his judgment, Shanzu senior resident magistrate David Odhiambo noted that considering the condition of the Dera, it was safe to make a finding that the complainant’s consent was not obtained during the sexual act.
The magistrate noted that the complainant’s evidence collaborated well with the investigating officer, police Constable Kennedy Onderi. Onderi told the court that the accused tore the Dera and panty of the victim before forcefully having sex with her.
The magistrate noted that the badly torn Dera and the panty were produced in court as part of the evidence and marked as exhibit number 4.
“I have considered the defence by the accused person, and l find that the same did not dislodge the prosecution case. Given the above analysis, l hereby find that the prosecution has proved its case beyond any reasonable doubt against the accused person for the offense of rape,” Odhiambo said.
Odhiambo further noted that in line with the testimony produced in his court by Dr. Fatma Ahmed, the complainant attempted suicide soon after the rape ordeal and had been rushed to the hospital while unconscious.
In reaching the conviction, the court heard that the accused person was the complainant’s boss, in his shop and it was her testimony before the court that she was not in a relationship with the accused person.
In his defence, Kanyoro told the court that his victim had sent her photos of her without a buibui, a claim that she denied.
The accused had been charged with rape contrary to section 3(1) (a) as read with section 3(3) of the sexual offences Act 2016
The particulars are that on September 15, in the Bengala area in Kisauni sub-county within Mombasa, the accused intentionally and unlawfully had sex with an adult without her consent.
He was allowed 14 days to appeal his sentence.
