The Office of the Director of Public Prosecutions (ODPP) has secured a conviction after a court in Kithimani sentenced a man to 20 years in prison for rape.
In a statement shared on its official X account on Thursday, the ODPP confirmed that the Principal Magistrate’s Court found Moses Mbithi Muia guilty following a full trial prosecuted by Principal Prosecution Counsel James Gachoka.
According to the prosecution, the accused was charged under Section 3(1)(c) as read with Section 3(3) of the Sexual Offences Act.
The court heard that the incident occurred after the complainant spent time at a local bar before the accused offered to take her home on his motorcycle.
During the trial, the complainant told the court that she trusted the accused, who was known to her, to safely escort her home. However, the journey took an unexpected turn.
“She accepted the offer, expecting he would drop her off at her residence,” the prosecution stated.
Instead, the accused reportedly diverted from the agreed route and took the complainant to his own house. Once inside, he allegedly locked the door and forced himself on her despite her resistance.
“The complainant stated that she resisted, but the accused overpowered her,” the prosecution said.
After the incident, the survivor managed to leave the house and promptly reported the matter to authorities.
Medical examinations conducted afterward confirmed penetration and injuries consistent with sexual assault, strengthening the prosecution’s case.
Investigators later arrested the suspect after he was positively identified by the complainant.
While delivering the judgment, the trial magistrate, Hon. Wechuli, found the complainant’s testimony credible and consistent. The court also noted that the medical report presented during the trial supported her account of events.
“The court held that the prosecution had proved all elements of rape beyond reasonable doubt,” the ODPP said in its statement.
The magistrate further dismissed the accused’s defense that he was elsewhere at the time of the incident, noting that the claim was not supported by any evidence.
In sentencing, the court underscored the seriousness of sexual offences and the harm they inflict on victims.
The magistrate observed a “worrying trend of sexual violence against women,” describing the offence as “cruel and violent in nature.”
“The court noted that such crimes cause deep physical and psychological harm and must attract deterrent punishment,” the ODPP added.
Muia was consequently sentenced to 20 years imprisonment, with the court stating that the punishment was proportionate to the gravity of the offence and in line with the law. He was also informed of his right to appeal the decision within 14 days.
