A man who forcefully had sex with a 32-year-old woman whom he claimed was his girlfriend has been sentenced to 10 years in prison.
Shanzu senior resident Magistrate David Odhiambo said that the prosecution had proved its case against Hussein Ababukar beyond reasonable doubt for the count of rape.
"In view of the foregoing l do hereby find that the prosecution has proved its case against the accused. l, therefore, find him guilty of the offence of rape and convict him to 10 years imprisonment," Odhiambo ruled.
The magistrate in his judgement noted that the complainant was the sole witness and her testimony was credible enough.
"I have considered both the defence and the complainant's testimony to my court and it is the complainant's case that the accused forcefully had sex with her and they were not in a relationship," he said.
Deaf and dumb
The magistrate pointed out that the suspect took advantage of the complainant's condition of being deaf and mute which rendered her vulnerable and helpless in the circumstances she found herself in the hands of the accused person.
"The complainant stated that the accused dragged her to his house and then covered her mouth and forcefully had sex with her. She was not able to scream and call for help since she is deaf and dumb. Her condition, therefore, made her vulnerable and helpless in the circumstances she found herself in the hands of the accused," the magistrate noted.
Odhiambo noted that the suspect knew the complainant since they were neighbours and that on the fateful day he ferried her from Nyali centre to her home. However, upon his request to have sex with her she declined and he went ahead to beat her and later on forced her into his house where he held her hostage for hours.
"I have further considered your defence where you stated that the complainant was your girlfriend. However, your defence is dislodged on the fact that the two knew each other although there was no relationship in existence," Odhiambo said.
Ababukar had been charged with the offence of rape contrary to section 3(1) as read with section 3(3) of the sexual offences Act.
The particulars are that on March 11, 2018, in the Mafisi area in Kisauni sub-county within Mombasa MKK raped a woman aged 32 years.
He was given 14 days to appeal his sentence.