A man in Lamu has been found guilty, of raping another man contrary to section 3(1) of the sexual offences Act.
Lamu Principal Magistrate Temba Sitati noted that the prosecution had proved beyond any reasonable doubt that, Stephen Kombo Kikuyu had forcefully penetrated the anus of, G.N.K by means of threats and force.
"As a consequence of the material, before the court, the guilt of the accused person on the main count is proved, beyond any reasonable doubt and he is hereby convicted of it under section 215 of the criminal procedure code (CPC)," he said
The magistrate noted that medical evidence tabled in court firmly confirmed that there had been repeated anal penetration and as a result, the victim's anal reflex was missing and the sphincter muscles were loose.
"Not only was the victim's account wholly credible and truthful but also the said testimony was strongly corroborated by that of the clinical officer, Madi Sheyumbe and prosecution's second witness who on many occasions witnessed a number of incidences following the victim's escape from the anal rape captivity," Sitati said.
The court heard that the victim had sought refuge at Kikuyu's house after his father and mother split up and with the broken marriage he was left destitute and with no home.
When he shared his predicament with the accused, he offered to accommodate him, and he accepted and moved to live with the accused person as he continued to attend his secondary school.
"After some months of being hosted by the accused person, he noticed some change of behaviour on the accused person who would threaten him with eviction, death and serious harm if he objected not to be anally penetrated. Fearing that he would become a homeless beggar he decide to cooperate as the ordeal went on for a couple of months," the magistrate said.
The magistrate also noted that at some point, the accused person bought his victim a mobile phone as a gift, but the mobile phone somehow got lost.
He was then subjected to more sexual assault until the phone was recovered.
"It appears to the court that the accused person had secretly taken back the phone, that he had bought and used the purported disappearance of the phone as a further leverage to extort sex from the victim," he noted.
The suspect had since denied charges of rape.
The particulars were that on diverse dates between March 2021 and May 6, 2022, in Hindi town within Lamu central, he intentionally caused his penis to penetrate the anus of GNK.
He was further slapped with a second count of committing an indecent act with an adult.
He was given 14 days to appeal.