Alex Obala Mahaga and Frank Wanyama who were found guilty of raping a Wendy Kemunto last year will be detained for a week pending their sentencing on August 16.

Alex Mahaga and Frank Wanyama were accused of gang-raping the singer overnight on her birthday in February last year.

Everything you need to know about the ground breaking ruling in which two rugby players were found guilty of raping Kenyan singer


On Friday, the prosecution said the court should consider the psychological torture the girl went through.

It said the singer was and still is young when the rape happened.

However, the defence said the claimant was 24 years old and was mentally mature.

The lawyers said she should have “guided” the rugby players since the accused persons are aged 23 and 22.

They were all drunk at the time of the offence.

The defence said the court should consider the ages of the accused persons, saying they come from very humble backgrounds.

The two rugby players have been discontinued from school and have not been allowed to participate in rugby games.

The defence asked that the court consider the fact that the duo has faced public ridicule since they were charged with sexually assaulting a musician in February last year.

The defence asked for a noncustodial sentence.

It said Wanyama has a contract to play for teams both in Helsinki and Philadelphia while Mahaga is supposed to represent Kenya Harlequins in Kisumu this weekend.

The defence said the two have represented the country on huge platforms and a noncustodial sentence will enable them smoothly pursue their education and grow their rugby career.

The prosecution, on the other hand, wants the two sentenced to 15 years imprisonment and it can go up to life imprisonment.

It said the 15 years imprisonment will be a lesson to the youth.

“It is high the rape is declared a national disaster. It will send a message to the youth that it is not cool to take advantage of another because of gender,” it said.

The judgment that found the two guilty was read in camera on Thursday.

Chief magistrate Martha Mutuku went with the defendant’s version of events.

She found the sexually assaulted musician’s testimony more believable than that of the accused.

The Kenya Harlequin FC players were accused of sexually the woman at Seefar Apartments in Highrise, Nairobi, on February 10.

The duo was arrested after the woman claimed they attacked her when she went to one of their houses after her birthday celebration. Telling her story via social media, she claimed that she was drugged before the ordeal and added that she was pregnant.

“I was slipping in and out of consciousness, maybe due to shock but I was helpless. I could not fight two men who play rugby professionally. Obviously, they were stronger, hence, I let them do whatever they wanted to do the whole night,” she claimed.

“I could have reported the case to the police but I was in denial, shock, pain and exhausted. I did not want to report also because of the profile of one of these rugby players.”

In her police statement, the musician said she tried to confront Wanyama with the allegations but he dismissed her telling her to look for a lawyer in case she decides to go public.

Wanyama accused the musician of attempting to extort money from him.

Having denied the charges before chief magistrate Francis Andayi in April last year, Wanyama and Mahaga were freed on bond and  a Sh500,000 bail each.

Their lawyers Wafula Simiyu and Ombui Ratemo had asked for lenient bond terms. They said that the two had been contracted by the national rugby team so they are not a flight risk and that they underwent DNA tests.

Last month, the police were looking for one of the rugby players, Mahaga, after he failed to appear in court for two consecutive days for judgment.

Mutuku was ready to deliver her verdict on July 12 but the Kenya Harlequin player failed to show up.

This prompted the court to push the verdict to Friday afternoon during which the prosecution applied for a warrant of arrest after Mahaga after he absconded for the second time.

Appearing in court on July 17, Mahaga through his lawyer, appeared in court and said he was unwell.

The Kenya Sevens players will appeal.

 

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