By Wahome Thuku

Grace and Waiguru hailed from the same village in Murang’a District. Grace had known Waiguru since childhood. But in April 2005, something happened and the relationship changed.

Grace left Nairobi and arrived in the village at around 7pm. After alighting from a matatu she started walking home carrying two bags.

After a short distance, she saw two people ahead of her and one of them greeted her. Grace inquired whom the person was as it was dark. As she claimed later the man introduced himself as Waiguru.

A man attempted to rape a woman he had known for many years but she successfully fought back. Photo/ file

Grace did not know the other man. She and Waiguru then started walking together as the other man trailed them. Waiguru assured her that she was safe, as the other man would not harm her. At one point the man disappeared.

Courageous woman

Further ahead Grace claimed Waiguru told her to stop. She refused and continued walking faster and but Waiguru reached out and grabbed her.

He held her skirt, pulled it of and demanded to have sex with her. Parts of her inner clothes were torn as the man attempted to rape her.

Grace dropped one of the bags and struggled to free herself. She pushed him away and ran towards the home of one Kibiru, carrying the other bag.

The bag she had dropped on the ground contained two packets of maize flour, shoes and Sh500.

She informed Kibiru that Waiguru, who was well known to him, had attempted to rape her.

Police errors

Grace and Kibiru went back to the scene but did not see Waiguru or the bag. They inquired and some people told them they had met Waiguru carrying a bag.

Later that same night, Grace and her son went to Waiguru’s home to inquire his whereabouts. Waiguru’s brother Kuria told them that he had not seen him.

Grace told Kuria that Waiguru had attempted to rape her and that he had stolen his bag. She told him to tell her brother to take the bag to her house.

The following morning Grace found the empty bag dumped behind her house. The incident was reported at a local chief’s camp. Two days later Waiguru was arrested by Administration Police officers and taken to the police station. Three days later he was charged before a magistrate court in Murang’a with attempted rape. That was more than the 24 hours allowed by the law for such an offence.

In his unsworn statement, Waiguru denied having met Grace on the material day. He claimed on that day he had gone to another village and he returned home the following day and was arrested.

He called two witnesses, his brother Kuria and a villager called Gitau.

Kuria narrated the events of that night. Gitau said he had been with Waiguru on that day but they parted ways at midday. Waiguru had told him he was going to another village but he learned that he had actually been arrested for attempted rape. He also faced an alternative charge of indecently assaulting Grace and a third one of stealing from her.

In August 2007, the magistrate delivered her verdict. What is your verdict?