Garbage collector sentenced to 10 years in jail for gang-rape

A Makadara court on Wednesday found a man guilty of gang-rape and sentenced him to a 10-year a jail term.

Makadara senior principal magistrate Stephen Jalang’o said the prosecution successfully linked the accused to the offence.

"On analysis of the evidence on record, there is no doubt that the accused intentionally raped the complainant; the same was obtained through threats and intimidation,” Jalang'o said.

Harrison Njoroge was accused of committing the offence on February 11, 2018, in Huruma area, Nairobi. He was further charged with committing an indecent act with an adult, jointly with others not before court.

He pleaded not guilty on all counts and the prosecution fronted eight witnesses to prove its case. The court heard that the victim was in the company of other girls on their way to a house in Juja.

Then one of the girls started chatting to three men who were following them from behind. Upon reaching the entrance to the compound, they were attacked by the men and Njoroge and one of his companions dragged the complainant to a dark corner.

An attempt by the other girls to rescue her did not bear fruit as they were beaten and repelled.

During the trial, the victim said Njoroge and his friend beat her up, strangled her and threatened to stone and throw her into the Mathare River. They then raped her in turns after pulling her naked on a concrete floor.

She later escaped and reported the incident to the police after which the accused was arrested. He was still wearing the same clothes when the police seized him. The complainant further identified him through a scar on his face. 

Maureen Asambo and police surgeon Dr Maundu examined the complainant. They testified that she had multiple bruises on both buttocks and the vaginal wall was inflamed.

Officer Carolyn Wangare said a DNA profile found on the underpants of the complainant matched the DNA found on the buccal swab of the accused.

In his defence, however, Njoroge dismissed the allegations, saying he had an alibi for the whole of the day. He said was at work collecting garbage and visited several clubs until morning. He said he was not aware of the allegations and just found himself at the police station.

Jalang’o said his defence was not sufficient to rebut the overwhelming evidence presented by the prosecution.

“The DNA swap taken from the panty of the complainant matched the buccal swab taken from the accused… the above expert evidence was not challenged by the accused person in cross-examination and in his defence. As such, I have no reason to doubt the findings,” Jalang’o said.

Njoroge has 14 days to appeal.

Edited by F'Orieny