Shanzu law court Magistrate used a torn Dera (loose dress) to sentence a middle-aged man to ten years in prison for rape.
Shanzu senior resident magistrate David Odhiambo noted in his decision that given the state of the Dera, it was safe to conclude that the complainant’s consent was not obtained during the sexual act.
The complainant’s evidence, according to the magistrate, worked well with the investigating officer, police Constable Kennedy Onderi. Onderi testified in court that the accused tore the victim’s Dera and panty before forcing sex with her.
The magistrate noted that the badly ripped Dera and panty were presented in court as evidence and labeled as exhibit number 4.
“I have considered the defence by the accused person, and l find that the same did not dislodge the prosecution case. Given the above analysis, l hereby find that the prosecution has proved its case beyond any reasonable doubt against the accused person for the offense of rape,” Odhiambo said.
Odhiambo also stated that, according to Dr. Fatma Ahmed’s testimony in his court, the complainant attempted suicide shortly after the rape ordeal and was rushed to the hospital while unconscious.
The court heard that the accused person was the complainant’s boss in his shop, and it was her testimony before the court that she was not in a relationship with the accused person that led to her conviction.
Kanyoro claimed in court that his victim had sent her photos of herself without a buibui, which she denied.
The accused had been charged with rape in violation of Section 3(1)(a) and Section 3(3) of the Sexual Offenses Act 2016.
