Two Migori men jailed 15 years for gang rape
A court in Migori has found two men guilty of gang-raping a 20-year-old woman in Kolenya village, Migori County.
What you need to know:
- The court found the two men guilty of gang-raping a 20-year-old woman in Kolenya village, Migori County.
- The magistrate said the law provides a minimum 15-year sentence for gang rape, which can be enhanced to life imprisonment.
Two men will spend 15 years in prison after a court found them guilty of gang-raping a 20-year-old woman in Awendo, Migori County, in July 2024. The court determined that Basil Awadhi and Dickson Odoyo committed the crime together.
Evidence showed they cornered the victim and dragged her into a thicket before assaulting her. The second convict, who was out on bond, did not show up in court for the final judgment last Friday. Rongo Principal Magistrate Chrisphine Orwo issued an immediate warrant for his arrest.
Meanwhile, Basil was sent straight to prison, as he had been held on remand during the trial. They committed the offence against Section 10 of the Sexual Offences Act, 2006.
They faced two counts: gang rape and indecent touch. It was revealed that the offence was committed on July 4, 2024, in Kolenya village.
According to law, gang rape is an offence committed by any person who carries out rape or defilement in association with another person or other people, or anyone who shares a common intention and is present in the company of others who commit rape or defilement.
Mr Orwo said the person found guilty of this offence should be imprisoned for a term of not less than 15 years. He added that the sentencing may be enhanced to life imprisonment. “When one commits either rape or defilement in association with another, or with others, such a person will be guilty of the offence of gang rape,” the magistrate said.
The testimony of the complainant is that on the day of her ordeal, she took a motorcycle to visit her friend in Kolenya village at 6.30 pm. On her way back, upon reaching Kangeso, Basil, who was a rider, stopped and asked her if he could go for the call of nature. The victim had sought his help to get to her destination.
Mr Orwo said the man went to a nearby ticket counter and took some time. “The complainant stated that another motorcycle ridden by the second accused person, who is absent, came to where the first accused had parked his motorcycle and that the second accused joined the first accused person into the ticket. The two returned with the second accused person armed with a knife and they dragged the complainant to the nearest bush as she pleaded,” he read from the court file.
The complainant stated that Basil tripped her before she fell to the ground. He then stripped her of her clothes and removed his then raped her. During the whole ordeal, she narrated how Dickson held her legs as Basil raped her.
“She stated further that once the first accused person had raped her and was done, the second accused person attempted to rape her, but she pushed him away and did scream for help,” the magistrate read.
The woman was able to identify the two as the perpetrators of the rape. Mr Orwo said Basil was the one who committed the actual rape. Dickson, by being present at the scene and assisting Basil by holding the legs of the complainant, contributed to the commission of the offence under Section 10 of the Sexual Offences Act. The court also relied on a medical report presented before the magistrate.
Mr Orwo said evidence from Post Rape Care form showed that the woman was sexually assaulted. “The complainant stated that she never gave her consent to the accused person to have sex with her as long as she was over 18 years old,” the magistrate said, adding that the prosecution was able to prove its case beyond reasonable doubt to warrant a conviction.
During mitigation, Basil said he is the breadwinner of his family, with his wife, children and sickly mother depending on him. But Mr Orwo said he would have enhanced the sentencing to life imprisonment.
He said the 15 years sentence he issued started on July 8, 2024, when Basil was first taken to custody. For Dickson, a warrant of arrest was issued, with his sentencing set to begin the day he will be arrested.
