An Eldoret court has sentenced a middle-aged man to a total of 12 years in prison after finding him guilty of gang rape and committing an indecent act with an adult.
Benson Simiyu was convicted by Senior Principal Magistrate Kesse Cheronoh on two counts: gang rape contrary to Section 10 of the Sexual Offences Act No. 3 of 2006 and committing an indecent act with an adult contrary to the provisions of the same Act.
In her judgment, Cheronoh noted that the prosecution had presented sufficient evidence during the trial to prove its case beyond reasonable doubt.
According to the charge sheet, on January 15, 2025, at Lower Colombo area in Turbo Sub-County, Uasin Gishu County, Simiyu, jointly with another suspect who remains at large, unlawfully raped a woman identified in court documents as S.M.
The accused had denied the charges.
Court documents showed that Simiyu and his accomplice accosted the victim at about 9 p.m. as she was walking to a nearby shop to buy food items for dinner.
The court heard that the two men attacked her, striking her on the head with a metal rod and causing her to fall to the ground while bleeding profusely.
In her testimony, the complainant told the court that one of the attackers stole her mobile phone while the other took Sh1,600 that she had in her pocket.
The attackers then allegedly sexually assaulted her in turns after she lost consciousness due to the injuries sustained during the attack.
The victim recalled that one of the assailants wore a jacket and had sparse hair.
“I was wearing a dress and a grey hooded jumper on the fateful night while heading to the shop to buy some items for dinner,” she testified.
She told the court that after the ordeal, the attackers abandoned her in a secluded field, leaving her for dead.
“I was later rushed to Moi Teaching and Referral Hospital by Good Samaritans, where I was examined and treated. I reported the incident the following day at Baharini Police Station and was issued with a duly signed P3 form,” she told the court.
In mitigation, Simiyu pleaded for leniency, saying it was his first offence.
“Your Honour, I am the firstborn and the sole breadwinner of my family. The mother of my youngest child died shortly after giving birth, and I ask the court for mercy,” he pleaded.
While delivering the sentence, Magistrate Cheronoh said she had considered both the nature of the offence and the accused person’s mitigation.
“The accused committed a heinous act against the complainant. He severely assaulted her, stole from her, and proceeded to rape her together with another assailant who was never arraigned in court. The Sexual Offences Act provides for a mandatory sentence, and my hands are tied,” the magistrate ruled.
previous post
