Olaba, Wanyama to be sentenced today after court finds them culpable in gang rape
Two Kenyan rugby players accused of sexually assaulting an upcoming female musician in Nairobi on April 23, 2018 have been found guilty of gang rape.
Chief Magistrate Martha Mutuku found Frank Wanyama and Alex Olaba guilty of the offence which occurred at Seefa apartment in Highrise, Nairobi on February 11, 2018.
Mutuku’s Judgment was delivered in camera, with only their lawyers Wafula Simiyu and Ombui Ratemo present.
The two played for the national sevens team Shujaa but were suspended after they were charged with the offence. They, however, continued to play for their club Kenya Harlequin.
Wanyama and Olaba were arrested after a woman identified in court as W.A claimed that one of the players who was her friend raped her after she had agreed to go to his house for her birthday on February 10.
The victim took to social media to narrate her experience alleging that the player drugged her and then raped her with his friend, whom she did not know.
On social media she wrote: “I was slipping in and out of consciousness maybe due to shock but I was helpless. I couldn’t fight two men who play rugby professionally, obviously they were stronger hence I let them do whatever they wanted to do the whole night.”
“I could’ve reported the case to police but I was in denial, shock, pain and exhausted! I didn’t want to report also because of the profile of one of these rugby players,” she added.
The two had denied the charges and were released on a cash bail of Sh500,000 each. The Magistrate yesterday canceled their cash bail and directed that they be taken to remand awaiting sentencing today.
However, according to their lawyer Jimmy Simiyu, the Magistrate stated that she went with the lady’s version of events.
The Magistrate noted that no one was present at the house save the three of them but the action of the two players of deleting a sex tape that they made was an expression of guilt on their part.
The Magistrate said she found the lady’s testimony to be more believable than that of the accused and held that there was no express consent of intercourse
Their lawyers vowed to appeal, saying they were dissatisfied with the decision.