10 years imprisonment for man who raped mentally sick woman in Kakamega

A 31-year- old man has been convicted to 10 years imprisonment after he was found guilty of raping a mentally sick woman.

Moses Amukanga Andanyi was found guilty of raping a 24 year old woman on January 23, 2016 at their Lubao Village, Lurambi sub-county, Kakamega County.

On an alternative count, the accused was charged with committing indecent acts with the victim by touching her genitalia without her consent.

While passing the judgement, the Principal Magistrate Hazel Wandere noted that the prosecution had proved its case beyond any shadow of doubt.

The complainant, (NM) according to hospital documents is a known psychiatric patient as per an outpatient continuation sheet produced as exhibit by the prosecution.

Due to her condition, the court allowed her mother under the provisions of Section 125 of the Evidence Act to act as an intermediary in helping her daughter to testify.

The Magistrate noted that the mother had gone to church on the material day when she was called by her neighbor telling her to return home as there was a problem.

Upon arrival, she found a crowd around her home when one of the neighbours told her that the accused had been found in the act of raping her daughter.

Amukanga who had been held by the angry mob sustained injuries as the crowd had beaten him for committing the heinous act.

The Magistrate also noted that since he was arrested at the scene of crime, the accused person was positively identified.

She maintained that a medical report produced in court indicated that indeed the victim was raped.

“The prosecution has established its case by proving the requirements of penetration, age and identification of the perpetrator. The accused herein is convicted and sentenced to 10 year imprisonment,” said the magistrate.

She granted the convict 14 days to file an appeal.