A 26-year-old man who repeatedly sexually assaulted his 72-year-old neighbour, despite warnings from the community has been sentenced to 10 years in prison.
Kennedy Mutisya, from Kitanga village in Machakos County, was described by Wamunyu Senior Resident Magistrate Pascal Nabwana as having engaged in sexual perversion after the court heard details of his relationship with the elderly woman.
The victim, identified as ANM, told the court that Mutisya repeatedly sneaked into her hut and ‘relieve his sexual urges on her.’
However, the village and the accused presented a different account, with the community aware of an alleged secret sexual relationship between the two neighbours.
Although Mutisya initially denied raping ANM on the night of January 16 and 17, 2025, he later admitted in court that they had engaged in multiple secret sexual encounters.
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According to a probation report presented to the court, residents of Kitanga had previously warned Mutisya to end the relationship.
Probation Officer Humphrey Mashedi said both families knew about the alleged affair, adding that the two were neighbours who knew each other well.
“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,” Mashedi said.
While sentencing Mutisya, Nabwana described the case as one of sexual perversion unlike anything he had encountered in his court.
The magistrate condemned Mutisya for allegedly forcing his way into the elderly woman’s house, breaking her door before proceeding to rape her.
“Sexual perversion takes many forms. This is a first for this court to hear that prior to the accused facing charges herein, he had a sexual relationship with a 72-year-old woman. He was 25 years as at the time of the alleged offence,” Nabwana said.
The magistrate also noted that Mutisya had shown no remorse and was a repeat offender, having previously been convicted of possessing bhang and sentenced to three years in prison. “The offender (Mutisya) is hereby sentenced to 10 years in imprisonment,” Nabwana ruled.
ANM told the court that on the material night, Mutisya entered her hut 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 said the incident was not isolated, alleging that Mutisya had previously forced his way into her hut and assaulted her on other occasions.
ANM said the ordeal had affected her physically, emotionally and psychologically. She told the court she would accept a non-custodial sentence if Mutisya paid the Sh20,000 she had incurred in medical expenses.