This archive report was first published on 9 August 2019.
On August 16, Alex Mahaga and Frank Wanyama, two Kenyan rugby players found guilty of raping singer Wendy Kemunto, will face sentencing. The duo was detained for a week pending the hearing.
According to the prosecution, the court should consider the psychological torture the victim, Wendy Kemunto, went through after the incident. The prosecution stated that Kemunto was and still is young when the rape happened, and that the incident should be declared a national disaster to send a message to the youth.
However, the defence argued that Kemunto was 24 years old at the time of the incident and was mentally mature. They also stated that the accused persons, Mahaga and Wanyama, were aged 23 and 22 respectively, and came from humble backgrounds.
The defence asked the court to consider the ages of the accused persons and their backgrounds, and requested a noncustodial sentence. They stated that the duo has faced public ridicule since they were charged with the crime and that a noncustodial sentence would enable them to pursue their education and rugby career.
On the other hand, the prosecution wants the duo sentenced to 15 years imprisonment, which can go up to life imprisonment. The prosecution stated that the 15 years imprisonment will be a lesson to the youth.
Chief Magistrate Martha Mutuku found the duo guilty of raping Kemunto, who was attacked at Seefar Apartments in Highrise, Nairobi, on February 10. The victim claimed that she was drugged before the ordeal and was pregnant at the time.
Wanyama and Mahaga were arrested after Kemunto claimed they attacked her when she went to one of their houses after her birthday celebration. The duo was discontinued from school and has not been allowed to participate in rugby games.
