A Kibera court has sentenced a man accused of raping another man in Dagoretti to 25 years in prison after the prosecution proved the case against him.Duncan Ndegwa Wathina was convicted by Kibera senior resident magistrate Renee Kitagwa on Monday when the matter came up for sentencing.
According to the charge sheet, the accused person committed the offence on October 15, 2016, at Dagoretti market within Nairobi county.
He had also been charged with a second count of committing an indecent act with the adult. His conviction came after the DPP called several witnesses who testified in the case.
The victim had testified in court that the accused person welcomed him to his house where he committed the offence.
“He is my neighbour and he called me to his house where he forced anal sex with me. I felt a lot of pain, he did that to me on several occasions,” he told the court.
He said that the accused person raped him alongside another man who was not before the court.
“He raped me four consecutive times while in the company of another man called blackie,” he told the court.
He said that he was admitted to the KNH where he was treated and discharged.
The victim’s brother also testified in court telling the court that he was informed by the victim how the accused person raped him and he also told other people of the same.
He said the matter was reported to the police and the accused person was arrested and arraigned.
On various occasions, the victim pointed fingers at the accused person during the court sessions to prove his point. A medic from the Nairobi hospital also testified in court.
The accused person denied the wrongdoing and said he never committed the offence. While reading the sentence, the magistrate said that the prosecution proved the case against him.
The accused person mitigated that he was a family man and asked for lenient sentencing.The magistrate, however, jailed him for 25 years and gave him 14 days to appeal if he wished to do so.