Court gives fresh orders in Samidoh rape case

Mugithi artist Samidoh entertaining revelers at a Nairobi joint in July 2022. [File, Standard]

The High Court in Nairobi has ordered the Directorate of Criminal Investigations (DCI) to keep forensic evidence allegedly submitted by a woman accusing Kikuyu benga musician Samuel Muchoki alias Samidoh of rape in 2021.

Justice Lawrence Mugambi also issued restraining orders against Samidoh. He directed that he should not contact the woman codenamed MRW, unless through investigative or judicial processes.

"Pending the hearing and determination of the instant Application, an interim non-contact and non-interference order is hereby issued restraining the Interested Party, whether by himself, his servants, agents or assigns, from contacting, intimidating, harassing or otherwise interfering with the Petitioner or her witnesses save through lawful investigative or judicial processes," ruled Justice Mugambi.

He directed that MRW could decide to serve Samidoh and any other party in the case personally or advertise the case in a newspaper with nationwide circulation within the next seven days.

In her case, the woman claimed that she was lured by the musician, who then raped her.

Her lawyer, Sunday Memba Mayama alleged that she continues to suffer as her rights are being violated.

He further claimed that the digital evidence may be tampered with or lost, and that the former police officer might interfere with or intimidate her and witnesses she intends to line up against him.

" The subject of the petition is a sexual offence apparently committed by the Interested Party, a Kenyan citizen, abroad, which by operation of section 41 of the Sexual Offences Act, No. 3 of 2006, is triable in Kenya as if committed within its territory. Delay in action by the Respondents undermines the Petitioner's protection under the Constitution and frustrates enforcement of the statute," argued Memba.

According to the lawyer, MRW has preserved audio recordings containing the singer's alleged admissions.

He said that the more the action is not taken against Samidoh, the more there is a risk of the same being tampered with or being deleted.

According to him, the security agencies are quiet despite a formal complaint against him being filed.

In her supporting affidavit, MRW claimed that on November 28, 2021, while Samidoh was in the USA for music performance, he allegedly lured her into his Airbnb in Overland Park Kansas and raped her.

" I resisted and pleaded with him to stop, but he mocked my protestations, ignored my pleas, and without my consent whatsoever committed the horrific sexual offence," she claimed.

The case will be mentioned on October 8, 2025.