Two former rugby players who were charged afresh with gang-raping a female musician in Nairobi two years ago have lost a bid to suspend their trial.
The duo, Alex Olaba and Frank Wanyama, pushed for their case to be referred back to the High Court, claiming that they will not get justice over a comment made by the judge who ordered their retrial by quashing their 15-year jail term.
But Senior Principal Magistrate Zainab Abdul dimmed their plan to halt their case, ruling that the court has no jurisdiction to stay its own proceedings.
“The defence ought to approach the right forum and seek such orders. The application by the defence lacks merit and is hereby dismissed in its entirety,” ruled Abdul.
“This matter shall proceed to its logical conclusion without further delay until such a time when an order staying these proceedings shall be served upon this court for compliance,” she said.
The two had spent about 11 months in prison before they were charged afresh. They played for the national team but were suspended after they were charged.
They, however, continued to play for Kenya Harlequin FC until when they were jailed. They had been convicted and sentenced to 15 years in prison by Chief Magistrate Martha Mutuku.