alexa Sentencing of two rugby players in rape case postponed - Daily Nation

Sentencing of two rugby players in rape case postponed

Friday August 9 2019

SAM KIPLAGAT
By SAM KIPLAGAT
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Rugby players Alex Mahaga Olaba and Lawrence Frank Wanyama who were found guilty of gang-raping a musician will be sentenced next week.

Chief Magistrate Martha Mutuku said Friday that she would give her ruling on August 16 at 2pm.

The Kenya Harlequin players are accused of raping the woman identified as W.A on the night of February 10, 2018 at Seefa Apartments in Highrise, Nairobi.

It was during the woman’s birthday and explaining it later, she said she could not fight two men, who were heavily built because of the sport.

She became pregnant after the ordeal and accused one of her attackers of threatening to sue her if she went public with the matter.

The duo face up to more than 15 years in prison.

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Section 10 of the Sexual Offences Act says any person found guilty of gang-rape is liable upon conviction to imprisonment for a term of not less than fifteen years. The term may be enhanced to life in jail.

Chief magistrate Martha Mutuku said the woman’s evidence was more believable than what the rugby players said.

The magistrate said the action by the two players of deleting the photos they had taken of the ordeal was an expression of guilt.

The defence lawyer, Jimmy Simiyu on Friday requested the court for non-custodial sentences as an alternative to prison.

"These boys are just starting out in life... If given a custodial sentence it will dash their dreams," their lawyer said.

The judgement was to be delivered last month but Mr Olaba absconded twice, forcing the magistrate to issue a warrant for his arrest.

The magistrate ordered the two remain in custody until their sentencing.

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