A man has been convicted of raping a 72-year-old woman in Kitanga village, Mwala Sub-County, in a case that the court described as a dark shadow over the community,has been sentenced to 10 years in prison.
In MCSO/E003/2025, Republic vs Kennedy Mutisya Kioko, the Wamunyu Magistrates Court found Kennedy Mutisya Kioko guilty of rape contrary to Section 3(1)(a) and (b) of the Sexual Offences Act. Judgment was delivered on September 10, 2026, by Senior Principal Magistrate Pascal Nabwana.
The court heard that the offence was committed on the night of January 16-17 in 2025. The accused person elected to represent himself and pleaded not guilty.
According to the judgment, the complainant, identified as A.N.M., told the court that the accused entered her hut through a door with a faulty lock, grabbed her by the neck and strangled her before sexually assaulting her despite her pleas. She testified that this was not the first time the accused had forced his way into her home.
The prosecution told the court that the complainant, visibly distressed while testifying, showed the court healing scars on both hands and complained of pain in her hand and vaginal area.
Due to her age and distress, she found it difficult to describe the act in explicit terms, telling the court: "You are young children for me to use direct language. He relieved his sexual urges in me."
After the assault, she reported the matter to the Village Elder, who referred her to the Assistant Chief, and she was later taken to hospital accompanied by her daughter-in-law.
Her daughter-in-law (PW2) testified that she met the complainant on January 17 returning from the Assistant Chief's office, where she reported that the accused had broken into her house and raped her.
When asked why she did not scream, the complainant said the accused had covered her mouth and strangled her.
A doctor at Mwala Level 4 Hospital (PW3), who examined the complainant on January 17, 2025, confirmed injuries consistent with sexual assault, including bruising on both forearms, swelling and bruising of the lips, torn clothing, and fresh bruising measuring 2cm on her genitals.
Treatment notes, P3 form and Post-Rape Care form were produced in court. The doctor concluded that signs of violence and evidence of penetration were consistent with rape.
PC Benard Mburu testified in place of the original investigating officer PC (W) Margaret Wangari, who has since been transferred to Ruaraka Police Station. The court heard that investigations established the complainant was raped in her own house on the night of 16th January.
The court identified four issues for determination: whether penetration was proved, whether it was without consent, whether it was the accused who committed it, and whether the defence raised reasonable doubt.
On identification, the court found this was a case of recognition, not identification of a stranger. PW1 said she already knew the accused as a neighbour who had previously assaulted her, a fact corroborated by PW2 who clarified the accused is a neighbour and not a relative.
In his unsworn defence, the accused denied the charge and raised an alibi, saying he had spent the material day at Kamwala Secondary School transporting sand using ox-drawn carts. He claimed that when the Assistant Chief and four young men came to his home the following day, he admitted to the offence out of fear of being lynched by a mob and then agreed to go to the police station. He said he had been in remand for an offence he did not commit.
The court accepted that an admission made under threat of mob violence cannot be treated as a voluntary confession and attached no weight to it. However, it found the bare alibi, unsupported by any witness or verifiable detail, could not outweigh the cogent, consistent and corroborated evidence of PW1, PW2 and PW3.
The court concluded that the prosecution had proved beyond reasonable doubt that the accused intentionally and unlawfully penetrated the complainant without her consent.
"Accordingly, and by dint of section 215 of the Criminal Procedure Code, the accused is hereby found to have intentionally and unlawfully penetrated the complainant, A.N.M., without her consent, on the night of 16th to 17th January 2025. The accused is accordingly found guilty of the offence of rape contrary to Section 3(1)(a) and (b) of the Sexual Offences Act, and is convicted as charged," the court ruled.
The alternative charge of committing an indecent act with an adult contrary to Section 11A of the Sexual Offences Act was not considered, having found the main charge proved.
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