- John Onyango was convicted of the offence of rape after the court found him guilty of raping the woman in 2020.
- Being aggrieved by the sentence, he appealed.
Image: FILE
A Rarieda man who raped a 27-year-old mentally challenged woman, got her pregnant and later died will continue serving a 30-year jail term after losing his appeal case.
John Onyango was convicted of the offence of rape after the court found him guilty of raping the woman in 2020.
Being aggrieved by the sentence, he appealed.
A judgement delivered by Justice Roselyn Aburili on January 25, ruled there were aggravating circumstances in that the victim was deaf, dumb, unable to walk and could not feed herself.
The court further noted that Onyango having taken advantage of such a person with serious disabilities deserved an enhanced sentence.
The court heard, before sentencing the accused, the trial court considered the Mental Assessment Report which showed that the victim had cerebral palsy.
Onyango was not remorseful and claimed that he was innocent and was being tormented for an offence that he did not commit.
From the evidence on record, Onyango raped the victim on several occasions prior to the one on October 28, 2020. He lived with the victim in her home though he came from the same neighbourhood.
"It was in broad daylight when he raped her."
He denied the offence but upon conviction and filing of the appeal, he owned up and accepted that his conviction was sound hence urging the court to consider reducing his sentence of 30 years imprisonment.
Justice Aburili said the accused misused the duty of taking care of and raped the victim.
“The offence deserves a deterrent sentence”.
In mitigation, Onyango stated that he was an orphan, stayed with his grandmother, provided for her and prayed for the court’s assistance.
"I however note that indeed, the accused took advantage of a mentally sick person and of her isolation from her other family members and further, that the victim died in February 2022 after a long illness, just three months to the judgment date in the trial court”, the judge said.
In addition, the judge said, Onyango denied committing the offence and the case had to go on full trial perhaps in the hope that since the victim was not in a state of mind to talk and say what he had done to her, he would get away with it.
Had the witness not found him in the act of raping the complainant, there would have been no case.
Sammy Luzuri, the Clinical Officer who examined the victim, confirmed penetration and the victim was pregnant following the rape ordeal.
“Could such a very sick person with very serious mental illness bear the burden of pregnancy? As the victim is no more and nothing else was said about her demise and the cause thereof.”
“Taking all the above circumstances into account, I find and hold that the 30 years imprisonment which was imposed on the appellant was lawful and lenient as the maximum under the law is up to life imprisonment. The conviction and sentence imposed by the trial court is hereby upheld," the judge ruled.