1.On 12th July 2019, Peter Njuguna Maingi was charged with Rape Contrary to Section 3(1) as read with Section 3(3) of the Sexual Offences Act, and in the alternative with Indecent Act with a woman Contrary to Section 11(1) of the same Act.
2.It was alleged that he had committed either of the offences against LGM, a woman aged thirty (30) years old on 6th July 2019 in Njoro Sub County Nakuru.
3.When he took plea, he pleaded not guilty. He was granted bond. It emerged later that he was facing a similar charge in S.O. 6 of 2019 (this one was S.O. 5/2019). The complainant testified on 4th December 2019.
4.On 23rd September 2020, the court was told that the accused had been charged in Criminal Case Number 923 of 2020 with a similar offence. His father who had stood surety for him withdrew.
5.On 4th November 2021 the accused chose to change plea. He informed the court as such. The learned trial magistrate Hon. Arika CM, took his plea afresh. The facts were read to him. He pleaded guilty to the facts as well. He was convicted on his own plea of guilt.
6.In mitigation, he regretted the shameful act he had committed. He told the court he had reformed while in remand custody. He apologized to the complainant and the court. He said he was twenty one (21) years old. Sought a non-custodial sentence to enable him continue with school. The court, taking all that into consideration sentenced him to five (5) years imprisonment from 12th July 2019.
7.It in this backdrop that I have to consider the matter vide the powers conferred to me by Article 165(6) and (7) of the Constitution.
8.A pre-sentence report was made by Probation and After Care Services (PACs) Nakuru, who recommended a non-custodial sentence for the remainder of the sentence.
9.I have carefully considered the report in the light of the facts of the case.
10.Despite his young age and the time of committing the offence the accused was armed with a panga, and threatened the complainant as he raped them. He also took 50/- from her the only money she had then.
11.Hence, other than being kept away from the society to protect persons he may harm sexually, the accused needs time to reflect on his actions. His concerns about education can be addressed while he is in prison, as they offer access to primary and secondary education to those who are eligible. This court is also aware that he is also entitled to revision of his sentence. With that in mind, I find that the sentence meted by the learned trial magistrate was fair, and took into account the period already spent in custody, and the circumstances of the offence. No orders of review will issue.