• The man is also alleged to have robbed the woman of Sh636.
• The charge sheet says the accused person committed the offence on December 4, 2019 at Uthiru Muthua, along Kangodo road in Dagoretti subcounty.
Image: CLAUSE MASIKA
A man accused of raping a waitress and threatening to stab her with a kitchen knife has been found guilty of the offences by a Kibera court.
The man is also alleged to have robbed the woman of Sh636.
Charles Mbusiro's case was concluded by senior principal magistrate Phillip Mutua on Thursday.
Court prosecutor Violet Kerubo Ombati had called several witnesses who testified in court including the complainant in the matter.
The charge sheet says the accused person committed the offence on December 4, 2019 at Uthiru Muthua, along Kangodo road in Dagoretti subcounty.
Mutua said the victim was not well known to the accused person as alleged.
“The accused person’s evidence that he was well known to the victim does not hold any water. The victim said she had never seen the accused person until the day the offence was committed,” he said.
The magistrate said the defence of the accused is dismissed and the offence is proved.
While testifying in court PX said she was working as a waitress in Githurai 45.
She then decided to pass by a kibanda and was attacked while trying to open the gate.
“I was using my phone as a torch when he attacked from behind. Armed with a knife, he pushed me to a bush and threatened to kill me if I dared to scream,” she told the court.
The victim said at the bush the accused person while holding the knife forced her to undress and suck his genitals.
“He slapped me hard and told me to be silent, he had a knife and a Maasai rungu,” she said.
The waitress told the court that after raping her the accused person forced her to wipe her body using her t-shirt.
“Later, he asked me what I had in my M-Pesa. I told him I had Sh130 and he took my phone forced me to insert my pin. He then transferred Sh636 to himself,” she said.
The court heard that the accused person used his teeth to crash the line after he had forced her to delete the messages.
The accused in his defence told the court that the woman was his lover.
He said that he had sex with her after she agreed to it, however, the waitress denied the same.
The court said the accused person’s defences were weak and unreliable.
The accused person was released on Sh500,000 bond but he is in custody as he was unable to raise the same.
The sentencing will proceed next week.
(Edited by Bilha Makokha)