Rapist rugby players imprisoned for 15 years

Two rugby players found guilty of raping a musician will spend 15 years behind bars.

The former Kenyan international players Alex Olaba and Frank Wanyama were convicted of gang-raping a musician last year at the Seefa apartments, Highrise estate, Nairobi. 

The court declined their lawyer's request for a non-custodial sentence as the two are at the prime of youth.

Chief magistrate Martha Mutuku said the victim was traumatised by the incident which took place on the night of February 10-11 last year.

“The complainant was traumatised hence a deterrent sentence is necessary,” the magistrate ruled.

Mutuku added that she was sentencing the duo to the minimum sentence of 15 years.

Last week, the prosecution submitted that sentencing the two to less than 15 years would be a breach of the law as their charge attracts a minimum of 15 years and a maximum of life imprisonment.

In her statement to the police, the victim said on the fateful day, which was her birthday, she attended a party in Kilimani where the two rugby players were present.

The complainant said she only knew one of them and after a night of merry-making she went home with them.

It was further alleged that the players and the musician had exchanged pleasantries throughout the night.

Their judgement took place last week in camera. Defence lawyer Wafula Simiyu told the Star magistrate Mutuku said she agreed with the defendant's version of events.

“In her judgment, no one was present in the house except for the three of them. The action of the accused of deleting the sex tape they made was an expression of guilt on the part of the accused,” Simiyu said.

Simiyu said magistrate Mutuku found the musician’s testimony more believable than that of the accused. 

The lawyer further said that the magistrate held that there was no express consent of intercourse.

Last month, the police went looking for one of the rugby players, Olaba, after he failed to appear in court for two consecutive days for judgment.

Telling her story via social media, the woman claimed she was drugged before the ordeal and she got pregnant.

"I was slipping in and out of consciousness, maybe due to shock but I was helpless. I could not fight two men who play rugby professionally. Obviously, they were stronger, hence, I let them do whatever they wanted to do the whole night,” she claimed.

"I could have reported the case to the police but I was in denial, shock, pain and exhausted. I did not want to report also because of the profile of one of these rugby players."

In her police statement, the musician said she tried to confront Wanyama with the allegations but he dismissed her telling her to look for a lawyer in case she decided to go public.

Wanyama accused the musician of attempting to extort him.