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The High Court in Nyandarua has dismissed an appeal by a man sentenced to 10 years in prison for rape.
Wilson Chege filed the appeal challenging both his conviction and the sentence imposed by the Ol Kalou Magistrate’s Court.
Chege was accused of luring the complainant under the guise of helping her secure employment. The incident occurred on the night of December 1, 2024, in Ol Kalou town.
According to the prosecution, Chege called the complainant at about 9pm, claiming he wanted to introduce her to a prospective employer from Nyahururu who had just returned from Mombasa and was about to travel to Nairobi.
Instead of taking her to meet the prospective employer, Chege allegedly drove her to a garage where his vehicle was parked.
“When they reached the garage, the accused greeted her and told her that it wasn’t a work-related matter but that he wanted to have intercourse with her. He therefore raped her and after the incident, she went home and her sister took her to the hospital at 1 am,” the court heard.
A clinical officer at JM Kariuki Hospital examined the complainant on December 2, 2024, and concluded that rape was possibly involved.
Chege denied the allegations and presented an alibi, calling his wife to corroborate his claim that he never left his house at the material time.
The appellant sought specific reliefs from the court, arguing that the prosecution had failed to prove the charge of rape “beyond a reasonable doubt”.
He also argued that the sentence was manifestly harsh and excessive.
The state opposed the appeal, with the prosecution counsel arguing that the evidence presented during the trial was sufficient to establish guilt.
The state also opposed the appellant’s plea for leniency, saying the evidence “sufficiently proved the offence and that the sentence was suitable”.
Justice Kiarie Waweru noted that Chege’s alibi was undermined by what he told the trial court during plea-taking.
“He informed the trial court: Si kweli, nilikuwa nimelewa ndio nikafanya bila idhini yake. This translates to English as: It’s not true, I was drunk, that is why I did it without her consent. This, therefore, displaced his alibi defence,” the judge ruled.
On the sentence, the judge cited Section 3(3) of the Sexual Offences Act.
"A person guilty of an offence under this section is liable upon conviction to imprisonment for a term which shall not be less than 10 years but which may be enhanced to imprisonment for life."
The court noted that the appellant received the minimum prescribed sentence.
“There is no evidence that the trial magistrate applied any incorrect principles or ignored important facts. I see no reason to alter the sentence. The appeal lacks merit and is, therefore, dismissed.”
