Brian Warui, alias DJ Tenta, suffered a setback after the High Court in Nyeri upheld a 15-year jail term imposed by a magistrate’s court in May 2024.
A nightclub music DJ is serving a 15-year prison sentence for rape, having lured his victim with false promises of a well-paying job and wealth.
Brian Warui, alias DJ Tenta, suffered a setback last week after the High Court in Nyeri upheld a 15-year jail term imposed by a magistrate’s court in May 2024.
He was found guilty of raping Ms SWW, a young job seeker.
“The court notes that the appellant lured a young job seeker to attend an interview immediately, which ended in rape. I find it a poor sense of self-importance for the appellant to insinuate that the complainant brought this upon herself,” said Justice Kizito Magare.
Lured into harm’s way
The prosecution secured a conviction through DNA evidence including blood swabs from both the accused and the complainant as well as a broken beer bottle that Warui used to threaten the victim.
Court records show that Ms SWW, 25, was working as a secretary at a Catholic Church parish in Othaya and was seeking better employment to support herself and her child.
On June 23, 2022, she came across a job advert in a WhatsApp group called ‘Queens for a receptionist,’ where a member named Sydney posted that there was a job opening at a newly launched club along the Nyeri-Karatina road.
She expressed interest and was given the contact of a ‘supervisor’ named Tracy who then linked her to the club ‘manager’ — Warui.
Ms SWW testified that Warui demanded a bribe and instructed her to attend the interview in person that same day. Excited by the opportunity, she hired a boda boda from Othaya to Nyeri and arrived at 7:30 pm to meet Warui and Tracy.
After introductions, Tracy left and never returned, leaving Ms SWW alone with Warui. He introduced himself as Alex and discussed the job description with her.
Warui promised to make her wealthy just as he claimed he had done with Tracy. They proceeded to a club, where he offered her drinks and food, including meat and samosas. They later consumed more mixed alcoholic drinks.
Shortly after 2am SWW fell into a deep sleep and she believes she was drugged. Upon waking up, she asked to be taken to Tracy’s house and Warui agreed and suggested taking a shortcut.
“However, like many shortcuts, it led to misery. Upon reaching a certain area, the appellant began to assault the complainant, all the while making contradictory remarks — promising her a job while simultaneously calling her a whore. They struggled on a patch of nappier grass, where the appellant told her he intended to rape and kill her,” said Justice Magare in the judgment.
In an effort to deter him, Ms SWW claimed she was HIV positive. Warui responded that it was her problem, not his, and proceeded to rape her.
Brutality of the crime
She testified that Warui smashed a glass bottle and used it to cut her on the face, forehead, arms and thighs — scars the court noted were still visible.
Ms SWW managed to escape and sought help from a night guard who contacted a Catholic priest, Fr Josephat Gachanja. The priest picked her up at 3am and took her to Mukurweini Hospital for treatment.
She later discovered there was no job and that Tracy and Warui had conspired to lure her into harm’s way.
The case faced multiple adjournments, with both parties lodging complaints that led to further delays. SSP Charles Kimanzi and other officers investigated the complaints and found them baseless.
Despite Warui’s denial, DNA evidence from the Government Chemist placed him at the scene and linked him to the victim.
Among the items recovered were broken pieces of a beer bottle, a woolen cap, a red dress, underpants with sanitary pads and a human braid with attached hair — all collected from the scene.
Pamellah Kamalla Okello of the Government Chemist testified that DNA samples from the broken bottle, dress and underpants matched the profiles of both the accused and the complainant. The semen on the underpants and pad showed a mixed DNA profile — matching Warui and the victim.
Justice Magare ruled that the prosecution’s evidence met the required legal threshold.
“The complainant’s testimony was credible and consistent with the rest of the evidence. The appellant did not attempt seduction — he began with violence and ended in rape. He showed no concern, even after being told the victim was HIV positive. His conduct was not only abhorrent but also cavalier,” the judge stated.
He added that the 15-year sentence was lenient given the brutality of the crime.
“The court laments that the prosecution could not bring Tracy to justice as well — but it is not too late to act,” the judge concluded.
