Man to serve 50 years in jail for rape and theft

The suspect was found guilty of all the counts and sentenced to 50 years in jail. [iStockphoto]

A man has been sentenced to 50 years in jail for raping a woman and robbing her of a mobile phone, gas cylinder and Sh350.

Charles Odhiambo Abonyo is said to have committed the offence together with four other people at Shikhambi Estate in Lurambi constituency, Kakamega County on February 19, 2022.

The accused allegedly used a knife, panga and a metallic rod during the incident.

He was charged with robbery with violence of properties valued at Sh22,350 contrary to section 295 of the Penal Code and four rape charges contrary to the Sexual Offence Act of 2006, which he pleaded not guilty to.

According to the affidavit by the complainant, the accused, together with four other people stormed her house at night where she was sleeping with her two children and ordered her to surrender her phone and the money that she had.

"It was in the middle of the night when I woke up after someone pulled my blanket. On opening my eyes, I found out that I was surrounded by four people armed with swords, a machete and a metallic rod," recalled PR.

She adds: "They threatened to harm me in case I shouted for help and demanded I hand over my phone where they checked my M-Pesa and bank accounts. Since I had no money in my accounts, they demanded I borrow money from fuliza," she said.

PR laments that the accused ordered her to take off her clothes before leading her to her living room where he raped her.

The complainant later notified the police after the suspects had fled. The officers visited the scene and established that the suspects had stolen the complainant's mobile phone, a gas cylinder and Sh350.

The complainant later visited a nearby hospital for examination and was asked to surrender her innerwear which was forwarded to the government Chemist in Kisumu for examination.

A medical report by Dr Patrick Mambili carried on the complainant revealed that though she did not have any physical injuries, she had pus cells, an indication of an infection.

Patrick Ogola, a Director of Criminal Investigation (DCI) officer arrested the accused at a local joint in Kakamega town and seized a pistol from him.

However, Odhiambo denied all the allegations saying that on the said date, he was at work and went straight home after closing his shop at 6 pm.

Kakamega Chief Magistrate Linus Kassan found Odhiambo guilty of all the counts and sentenced him to 50 years in jail. "I find you guilty of the charges and sentence you to 50 years in jail. You have 14 days to appeal the ruling," Kassan read the ruling.