Additionally, they faced an alternative charge of committing an indecent act with an adult, as per section 11(a) of the S*xual Offences Act number 3 of 2006.
Senior Resident Magistrate Viena Amboko, during the sentencing, highlighted that section 10 of the S*xual Offences Act mandates a minimum sentence of 15 years, with the possibility of life imprisonment.
“Taking into consideration the circumstances of the offence, I sentence both accused persons each to serve a sentence of 15 years imprisonment. The sentence for the first accused to commence on September 1, 2021, when he was placed in remand pending trial while for the second accused to commence on December 18, 2023, when his bond was cancelled pending sentencing,” she added.
The trial magistrate also mentioned that she had taken into account the mitigating factors presented by the accused persons and the fact that they were first-time offenders.
“I have considered the first and second accused persons mitigation. The probation report is positive and recommends that the court should make a final determination, noting the seriousness of the charge. They have 24 days to appeal the conviction,” she claimed.
During the court proceedings, it was revealed that the two men knocked on the victim’s door in the evening, falsely identifying themselves as police officers before committing the offense.
“The prosecution stated that the defendants went to the victim’s residence and pretended to be police officers. Using a solar lamp, the victim was able to identify them. The second defendant then incapacitated her, covered her mouth, assaulted her, and s*xually assaulted her,” said the prosecution.
Additionally, it was revealed that the woman’s son was present in the house during the incident but was confined inside a cupboard.
“After 30 minutes, she called her son who had been locked inside the cupboard who raised the alarm and she was taken to hospital,” Duncan Mbonzo said.
According to court documents, “on August 28, 2021, at Khwirenyi, Khayega location, the accused individuals, in collaboration with Silas Liyali Mboya and Dennis Shikokoti Muhanji, along with others not currently before the court, sequentially engaged in the intentional gang rape of the woman”.