Win for rugby players jailed for rape as court orders retrial

Court orders retrial for

In Summary

• Judge quashed the 15-year jail term.

• Olaba and Wanyama had been found guilty of rape.

Kenya Rugby Players Alex Olaba Mahaga (24) and Frank Wanyama (23) during the judgement hearing over a rape case involving the duo as read by Mililani Chief Magistrate Martha Mutuku on August 16,2019.
Kenya Rugby Players Alex Olaba Mahaga (24) and Frank Wanyama (23) during the judgement hearing over a rape case involving the duo as read by Mililani Chief Magistrate Martha Mutuku on August 16,2019.
Image: FILE

The High Court has ordered a retrial for two rugby players sentenced to 15 years imprisonment.

Justice Ngenye Macharia on Tuesday ordered a retrial, ruling that there was no evidence shown to the court that one witness who testified against Alex Olaba and Frank Wanyama was ever sworn or not.

Olaba and Wanyama had been found guilty of rape.

It is alleged that they raped a musician.

The judge further quashed the 15-year jail term.

Consequently, the judge ordered that they be taken to Kilimani police station.

They will appear in court on July 7 to take plea afresh and the judge will determine whether to grant them bail or not.

In August last year, the Court was told that the two Kenya Harlequin FC players raped the singer overnight on her birthday at Seefar Apartments in Highrise, Nairobi, on February 10 last year.

The two players were arrested after the woman claimed they attacked her when she went to one of their houses after her birthday celebration. Telling her story via social media, she claimed that she was drugged before the ordeal and added that she was 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 decides to go public.

 

Wanyama accused the musician of attempting to extort money from him.