Machakos man jailed for 10 years for raping elderly neighbour

A Machakos man has been jailed for 10 years for raping his 72-year-old neighbour. [Courtesy]

It is a case of perversion how 26-year-old Kennedy Mutisya from Machakos County Kitanga Village, repeatedly relieved his sexual urges on a 72-year-old neighbour.

According to the elderly woman named ANM, Mutisya used to sneak into her hut and relieve his sexual urges on her.

The woman, who struggled with polite language to explain her ordeal, told Wamunyu Court Senior Resident Magistrate Pasacal Nabwana that Mutisya relieved his sexual urges in her.

“You are young children for me to use direct language. He relieved his sexual urges in me. He had urges,” said ANM.

However, the village and Mutisya tell a different bizarre story; it was known that the two were engaged in a secret sexual affair.

According to a probation report produced in court, before raping ANM, the village of Kitanga had warned Mutisya to stop his perverted relationship with the elderly woman.

The family of ANM and Mutisya had knowledge of the sexual affairs between the two.

In the probation report, the villagers wondered why Mutisya, a 25-year-old boy at the time, would have a sexual affair with an elderly woman old enough to be her grandmother.

Although he had denied raping ANM on the night of January 16 and 17, 2025, he later confessed that they had multiple secret sexual affairs with ANM.

While sentencing him to 10 years in prison, Nabwana described the incident as a perversion that has never been witnessed in his court.

Nabwana said that it was unlawful and detestable for Mutisya to force his way into the victim’s house, breaking her door and proceeding to rape her.

“Sexual perversion takes many forms. This is a first for this court to hear that before the accused facing charges herein, he had a sexual relationship with a 72-year-old woman. He was 25 years old at the time of the alleged offence,” said Nabwana.

The magistrate said that notwithstanding, the accused was not remorseful and is a second offender, having been convicted to three years in prison for possession of bhang.

‘The offender (Mutisya) is hereby sentenced to 10 years in imprisonment,” said Nabwana.

A Machakos man has been jailed for 10 years for raping his 72-year-old neighbour. [AFP]

According to ANM, on the material day, Mutisya entered her hut in Kitanga village through a door with a faulty lock, grabbed her by the neck and strangled her, before sexually assaulting her despite her pleas for him to stop.

She stated that this was not an isolated incident, as the accused had previously forced entry into her hut and assaulted her on prior occasions.

Following the assault, the accused left the hut, kicking over her lantern lamp and threatening to return.

ANM said that she was physically, emotionally and psychologically affected.

She agreed that Mutisya can be released on a non-custodial sentence provided he pays her sh.20,000 incurred for her treatment.

According to the probation report, filed by Humphery Mashedi, Mutisya had been warned by the villagers against having a relationship with the said elderly woman.

Mashedi said Mutisya and the victims are neighbours and known to each other before the offence.

He said the two previously had sexual affairs and the offender had been warned against it by the victim’s family members.

“A family member reported that prior to the offence, the offender and the victim had been having an affair secretly. However, they reported that the offender took advantage of the victim’s mild mental challenges due to her age,” the probation report revealed.

It was said that Mutisya’s abuse of alcohol and bhang may have influenced him to have an affair with ANM.

Mutisya, an orphan, was living alone at their ancestral land in Kitange Village, Mwala Sub-location in Machakos County, where ANM was his neighbour.

Mashedi told the court that Mutisya is a class eight dropout who relies on menial jobs for a living to fend for himself since he has no family.

The probation report revealed that his family members were aware of the relationship since they heard the rumours from the neighbours.

The probation report revealed that while out on cash bail, Mutisya was convicted to three years in prison with an alternative fine of Sh70,000 for possession of bhang.

“He committed the offence due to drugs and substance abuse, poor decision-making, and negative influence from his peers,” said Mashedi.

In the probation report, the community also confirmed that Mutisya and ANM knew each other well and had been having an affair.

The community, however, was amused by the fact that Mutisya decided to have an affair with an elderly woman.

The community said they do not entertain such kind of behaviour in their jurisdiction and prayed the court to give him a deterrent sentence.

However, the probation officer recommended a custodial sentence after the victim and the local administration called for his incarceration.

Mashedi noted that Mutisya was not remorseful, was a repeat offender and had failed to heed the warning of the community against the affair.

“Your Honour, in consideration of the above social findings, I find the offender not suitable for rehabilitation through a non-custodial sentence to enable work on the above criminology factors. I recommend that he serve a custodial sentence,” said Mashedi.

In his defence, Mutisya said that he admitted to the act out of fear he would be lynched by the community.