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December 17, 2018

Two brothers sentenced to 15 years each for rape

Iten magistrates court on Wednesday. /STEPHEN RUTTO
Iten magistrates court on Wednesday. /STEPHEN RUTTO

Two brothers have been sentenced to 15 years in jail each by an Iten court after being found guilty of raping a woman.

Iten resident magistrate Nelly Adalo found Mathew Kimwetich and Hillary Kipchumba guilty of raping the 25-year-old woman on May 17, last year, in Kimnai, Marakwet West.

Kimwetich was found guilty of of raping the same woman on an earlier date while armed with a machete.

The magistrate was told the woman, reported the matter at Kapsowar police station and later sought treatment at the Kapsowar Mission Hospital.

In the second incident, the court was told Kimwetich called her from a bar where she worked. When she went outside, she found him in the company of his brother Kipchumba.

The prosecution said Kimwetich hit her with a wooden stick on the left arm and the two dragged her to her mother’s house. They kicked out the mother and her younger brother. They raped her in turns before she passed out.

The complainant told the court they tried to scream for help, but it was raining heavily. No one came to her rescue. She said she bled for four days after the ordeal and couldn’t seek treatment immediately because she had no money.

The court heard that the brothers attempted to bribe the victim with Sh35,000 to drop the case.

“The charge of gang rape has been proved beyond reasonable doubt. Each of the accused has been found guilty as charged and is convicted to the penal code,” Adalo ruled.

The prosecutor Wanjiku Karanja urged the court to give the two the maximum sentence provided under the law, despite there being no previous records due to the gravity of the offence.

Kimwetich pleaded for leniency, saying their father died last year. He said their younger brother suffersfrom a heart condition and has no one to take care of him.

Kipchumba admitted he committed the offence and sought for forgiveness from the complainant. He said their mother was sick and needed their care.

The court ruled that the time spent in remand shall be commuted in the sentence. They have 14 days to appeal.

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