•Kisilu Muindi was sentenced by Kibera senior principal magistrate Monica Maroro after the prosecution proved the case against him.
•The accused is said to have invaded a kiosk where the victim, aged 28, was having a rest.
Image: CLAUSE MASIKA
A man has been handed 30 years in jail after he was found guilty of raping another man.
Kisilu Muindi was sentenced by Kibera senior principal magistrate Monica Maroro after the prosecution proved the case against him.
The accused is said to have invaded a kiosk where the victim, aged 28, was having a rest.
Muindi is said to have assaulted the victim first by cutting his leg with a panga before raping him.
The court heard that the victim codenamed PQ was sleeping at the kiosk on July 8, 2021, at about 2350 hours at Kabiria in Dagoreti within Nairobi County when the incident happened.
“He told me to cooperate after cutting my leg inflicting me with serious injuries. After that he told me that he was going to kill me if I refused to do as he requested,” he testified in court.
“He raped me from behind and left me bleeding. He issued me with threats by saying that he was in a position to call the mob to kill me if I cried out for help.”
The court heard that the accused person used a piece of cloth to tie the victim's hands before he committed the offence.
The victim was rescued by a Good Samaritan who saw him at the scene of the crime after the accused had disappeared.
While testifying in court during the trial, Joseph Njoroge, a deputy OCS, narrated how the victim visited his office.
“I was on duty that day when I received a visitor who seemed to be traumatized and was unable to stand. I signalled him to sit down before he recorded his statements on how he was raped by the accused person,” he said.
He said that later they traced the suspect and arrested him after the victim positively identified him.
He said that he ordered the victim to be taken to Hospital where he was treated and medical forms filled out before he was discharged.
The accused person while defending himself said that he never committed the offence.
While reading her verdict, Maroro said that the victim suffered in the hands of the accused person.
She also said that all the prosecution evidence proved that the offence was committed and the victim positively identified him.
“The offence committed requires a tough sentence and the victim, in this case, suffered a lot in the hands of the accused person,” said Maroro.
“Having considered both the defence and the accused person’s mitigation, I sentence him to 30 years in jail for the offence committed and he has 14 days to appeal if he wishes to do so.”
Court prosecutor Muindi urged the court to grant him a tough penalty.