A Nakuru court has sent two men for 15 years each after they were found guilty of gang rape.
Nakuru Senior Resident Magistrate Emmanuel Soita passed the sentence against Geoffrey Moriasi and Isaya Mogaka, Office of the Public Prosecutor said in a statement.
Section 10 of the Sexual Offences Act prefers a 15-year imprisonment sentence for gang rape which may be enhanced to life imprisonment at the court's discretion.
Section 12 of the same Act stipulates not less than a five-year jail sentence or a fine of not less than Sh500,000 for anyone found guilty of promoting sexual offences with a child.
According to the law, a person commits rape if he or she intentionally and unlawfully commits an act which causes penetration with his or her genital organs.
Rape is also defined under the law if the other person does not consent to the penetration or if consent is obtained by force or by means of threats or intimidation of any kind.
The offence of attempted rape, on the other hand, carries the penalty imprisonment for a term not less than five years but which may be enhanced to imprisonment for life.
Attempted rape is where a person attempts to unlawfully and intentionally commit an act which causes penetration with his or her genital organs.
The Sexual Offences Act further states that an offence of sexual assault is entered if a person penetrates the genital organs of another person with their body part, an object, or manipulates the body of another person to penetrate a victim.
"A person guilty of an offence under this section is liable upon conviction to imprisonment for a term of not less than ten years but which may be enhanced to imprisonment for life," the law says.
A person who commits an act which causes penetration with a child is guilty of an offence termed defilement, whether or not the child consented.
"It is a defence to a charge under this section if the accused reasonably believed that the child was over the age of 18 years (or) it is proved that such child, deceived the accused person into believing that he or she was over the age of 18 years at the time of the alleged offence," the law says.
