Man, 62, handed 15 years in jail for rape

Ndukwe has for the past two years been fighting to relieve himself from the charges, only for him to be found guilty last week, resulting in his sentencing on Thursday this week.

Ndukwe had been charged with the offence of rape, which he committed on July 21, 2025, at around 2 pm at Kipungani area in Lamu County.

Section 10 of the Sexual Offences Act says any person found guilty of rape is liable upon conviction to imprisonment for a term of not less than 10 years, but which may be enhanced to imprisonment for life.

Ndukwe also faced another count of assault causing actual bodily harm, contrary to section 251 of the Penal Code.

The facts were that on the same material date and time within the same area, he unlawfully and intentionally assaulted the complainant, thereby occasioning her actual bodily harm.

The prosecution had called a total of four witnesses and after their testimonies, the accused was found to have a case to answer, and was placed on his defense where he gave sworn testimony but did not call any witness and closed his case.

In his judgment, Lamu Resident Magistrate Flavian Mulama had considered the testimonies of both sides, the law and the exhibits produced, hence found the accused guilty of both counts.

He stated that having convicted the accused person on the main count of rape, he made no finding on the alternative charge of committing an indecent act with an adult contrary to section 11(A) of the Sexual Offences Act.

Mr Mulama said he had considered his mitigation, including the fact that Ndukwe has no previous criminal record as well as the pre-sentence report filed in court.

He said the sentence took into account the gravity, nature, circumstances of the offence and aggravating circumstances only as the accused did not offer any mitigation.

He insisted on his innocence despite the overwhelming evidence against him at trial.

Violent attacks 

The aggravating circumstances in this matter are that the accused used actual violence in order to subdue the victim and obtain her consent to an extent that the victim surrender and opted not to fight him off when the accused increased the intensity of the attacks which mainly included stabbings, and she did this when she felt that any further resistance could lead to loss of her life.

Mulama said from the treatment notes, it is clear that the victim sustained cut wounds on the thigh, stomach and right hand and that there were strangulation marks on her neck.

That alone demonstrates that the accused had decided through hook or crook that he had to achieve his mission.

In addition, it appears it was a well-calculated move in that it started with flirting and sexual conversations that the victim was uncomfortable with, considering their age difference and the family relations they had.

The magistrate concluded that in the premises and taking into account the presentence report, the seriousness of the offence and the aggravating circumstances in the case, “I hereby sentence the accused to 15 years’ imprisonment. The accused has also been convicted for the offence of assault, and he is equally sentenced to serve one year imprisonment.”

The court also declared the accused a dangerous sexual offender and had his name duly entered in the Sex Offenders’ register.

“The sentences in count one and two shall run concurrently and pursuant to Section 333(2) of the Criminal Procedure Code, anytime spent in custody be considered while computing the sentence,” said Mr Mulama.

The right of appeal is 14 days.

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