A man has been sentenced to 10 years in prison for raping a 72-year-old woman in Kitanga village, Mwala sub-county, Machakos County.

Kennedy Mutisya Kioko was convicted of rape contrary to Section 3(1)(a) and (b) of the Sexual Offences Act in case No. MCSO/E003/2025, Republic vs Kennedy Mutisya Kioko.

In a Judgment delivered by Senior Resident Magistrate Pascal Nabwana at the Wamunyu Law Courts on September 10, 2026, the court on October 14, issued the 10-years- sentence.

Prior to the rulling and subsequent conviction, the court heard that the offence was committed on the night of January 16 to 17, 2025.

The complainant, identified as A.N.M, told the court that her neighbour entered her hut through a door with a faulty lock, grabbed her by the neck, strangled her and sexually assaulted her despite her pleas.

She said it was not the first time he had forced his way into her home.

"You are young children for me to use direct language. He relieved his sexual urges in me," the visibly distressed elderly woman told the court as she showed healing scars on both hands.

She said the accused covered her mouth, preventing her from screaming for help.

After the assault, she reported the matter to the village elder, who referred her to the Assistant Chief.

She was later taken to hospital in the company of her daughter-in-law.

Her daughter-in-law (PW2) testified that she met the complainant on January 17 returning from the Assistant Chief's office where she had reported that the accused had broken into her house and raped her.

A doctor at Mwala Level 4 Hospital (PW3), who examined her on January 17, confirmed injuries consistent with sexual assault, including bruising on both forearms, swelling and bruising of the lips, and fresh bruising measuring 2cm on the labia majora and labia minora.

Treatment notes, P3 form and Post-Rape Care form were produced in court.

The doctor concluded there were signs of violence and evidence of penetration.

PC Benard Mburu, who testified in place of the original investigating officer PC (W) Margaret Wangari who has since been transferred to Ruaraka Police Station, told the court investigations established the complainant was raped in her own house.

The accused, who represented himself, denied the charge and raised an alibi, claiming he had spent the material day at Kamwala Secondary School transporting sand using ox-drawn carts.

He told the court that when the Assistant Chief and four young men came to his home the following day, he admitted to the offence out of fear of being lynched and agreed to go to the police station.

The court ruled that an admission made under threat of mob violence cannot be treated as a voluntary confession and attached no weight to it.

However, it found the bare alibi, unsupported by any witness or verifiable detail, could not outweigh the cogent, consistent and corroborated evidence of the prosecution.

On identification, the court found it was a case of recognition, not identification of a stranger, as the complainant knew the accused as her neighbour.

"Accordingly, and by dint of Section 215 of the Criminal Procedure Code, the accused is hereby found to have intentionally and unlawfully penetrated the complainant, A.N.M., without her consent, on the night of 16th to 17th January 2025.

The accused is accordingly found guilty of the offence of rape contrary to Section 3(1)(a) and (b) of the Sexual Offences Act, and is convicted as charged," Nabwana ruled.