A Kenya Defence Forces (KDF) officer has been sentenced to 20 years in prison for the gang rape of a Congolese refugee woman inside a police station in 2018, in a case that has reignited widespread outrage over impunity among Kenya’s security agencies.
The High Court dismissed an appeal by Arektum Kibet Benjamin, who was convicted alongside civilian Julius Juma over the harrowing attack that occurred on August 14, 2018. The two were initially sentenced to seven years in 2021, but that ruling was challenged by the Office of the Director of Public Prosecutions (ODPP), which sought a stiffer penalty.
Justice Muteti set aside the seven-year sentence, terming it illegal and insufficient under the Sexual Offences Act, and imposed a new 20-year term, effective from April 15, 2021, the day Kibet was first remanded.
"In the end, the appeal on conviction is dismissed and the appeal on sentence succeeds to the extent that the illegal sentence of 7 years is set aside and substituted with a prison term of 20 years," Justice Muteti ruled.
The judge described the incident as a “regrettable abuse of state authority,” noting that the offence happened inside Nairobi Central Police Station, a place meant to offer protection, not harm.
“This case stands as a warning to any state officer who dares to misuse their power. Justice must not only be done but must be seen to be done,” the judge added.
According to testimony, the victim, identified in court only as ID, had gone shopping in Eastleigh before heading to Kencom Stage in Nairobi CBD at around 7 p.m., intending to return home. There, she was approached by four men, two in police uniform and two in civilian clothing, who demanded to inspect her bag and refugee documentation.
Despite showing them her expired ID and cooperating, she was forced into an unmarked car and driven to the police station. She was then locked in a wooden room where she endured repeated sexual assaults by different men throughout the night, including Kibet and Juma.
The woman testified how Kibet, wearing a maroonish suit, raped her multiple times, including once while drunk the following morning. She managed to take photographs using Kibet’s own phone, including a selfie of herself and the two accused in the same bed, which later became key evidence.
“They raped me and said, ‘If you speak, we’ll kill you,’” the woman told the court.
After escaping, the traumatised woman, broke and physically injured, was turned away from a hospital for lack of payment.
A neighbour helped her seek treatment, and she reported the attack to the Refugee Affairs Secretariat, which escalated the case to the UNHCR and HIAS Kenya.
Medical reports, including a P3 and PRC form, confirmed the presence of spermatozoa. While Kibet’s DNA was not directly matched, Juma’s DNA was found on bedding from the scene.
The court dismissed Kibet’s alibi that he was on duty at Gilgil Barracks, citing lack of official documentation and the unexplained photographs.
“The victim’s evidence was consistent and truthful,” Justice Muteti said.
The case was prosecuted by Principal Prosecution Counsel Peris Ogega.
