A man who had been sentenced to 30 years in jail for assaulting his elderly neighbour with a knife and raping her will now get 25 years after he appealed.
Wickliff Mong’are had been charged with violently robbing the woman and raping her in 2015 in Masaba South, Kisii county.
The court heard that he robbed her cash Sh3,700, 15 tins of beans and 10Kgs of KTDA fertiliser all valued at Sh10,770.
Mong’are had argued that the prosecution did not prove its case beyond reasonable doubt.
However Justice David Majanja ruled that indeed the evidence produced in court proved that he committed the offences.
A clinical officer who examined the complainant on November 8, 2014, said she had a cut wound on the thighs, legs and bruises on the vagina. He produced the P3 form.
“Considering that the mandatory death sentence was declared unconstitutional, the trial magistrate had the discretion to impose an appropriate sentence. I find the sentence of 30 years’ imprisonment excessive,” Majanja said.
“I set it aside and impose a sentence of 15 years’ imprisonment for the offence of robbery with violence. As regards the offence of rape, I impose 10 years’ imprisonment”, the judge ruled. The complainant had told court that on the night of October 30, 2015 at about 10.00pm, she saw some lights and realised that the appellant was the intruder. He demanded cash while placing a knife on her throat. She told him to take Sh3000 in the drawer. She also handed over Sh700 in her jacket.
When he demanded more money, she told him to take beans and fertiliser instead. She further testified that Monga’re raped her by first removing her pants but she protested. He then cut her thighs and legs.