Court postpones sentencing of rugby players Olaba, Wanyama found guilty of rape
The High Court in Nairobi on Friday postponed the sentencing of rugby players Alex Olaba and Frank Wanyama to next Friday, August 16, 2019 at 2pm.
While terming the matter as “quite hefty”, Chief Magistrate Martha Mutuku further directed that the two remain in custody until the sentencing.
This was after the two were on Thursday found guilty of rape charges.
In the case that carries a minimum sentence of 15 years, defence laywer Jimmy Wafula Simiyu prayed that the court considers a lenient and non-custodial sentence.
Simiyu observed that the two do not have a criminal record, obeyed court directions and attended all court sessions since the commencement of the case.
“It’s been a very depressing period for them, they have been discontinued at their respective universities and have not participated in a single match in their team…,” noted Simiyu.
“They are just starting life… they come from humble backgrounds and they have been able to help their families… the first accused has seven siblings while the second accused has four siblings….we pray that you take that into account…,”he added.
The court heard how one of the accused has secured a scholarship in Canada while the other has signed up to play for two teams.
Prosecution however argued that the court should give them a minimum of 15 years as the law ascribes to send a lesson to youth who do not take sexual offences seriously.
In their submissions, Prosecution said that there were aggravating circumstances in the case insisting that the complainant suffered in the hands of two men.
“ The complainant was intoxicated but there is nowhere the accused persons say they were intoxicated,” noted Prosecution.
The two were accused of raping an upcoming female musician in Nairobi and were charged with the offence of gang rape.
Wanyama and Olaba are said to have committed the act at Seefa apartments in Highrise, Nairobi on February 11, 2018.
In her statement to the police, the woman claimed that on the fateful day, which was her birthday, she attended a party in Kilimani where the two rugby players were present.
She notes that she only knew one of the two rugby players and after a night of merry-making, she went home with them.
It was then, she claims, that they took advantage of her inebriated state and raped her repeatedly, refusing to take no for an answer.
In their statements, the players maintained that sexual contact was consensual.