Herdsman acquitted for rape

Loitoktok

Thursday October 26, 2023

KNA by Kimani Tirus/Bryce Leshan

A 20-year-old herder received a reprieve after Loitoktok law court acquitted him for a rape charge.

Loshipa Papaiyo who had appeared before Principal Magistrate Judicaster Nthuku during trials was charged for allegedly raping a 48-year-old woman on April 20, 2023 at Inchakita area in Loitoktok Sub County.

During the trail the woman had told the Court how on the material day had gone to fetch firewood within nearby forest.

While fetching firewood, the accused, who she claimed was a stranger to her and grazing his cows in the forest, pounced on her and grabbed her neck while threatening to kill her if she screamed.

She claimed that amid her screams, the accused raped her before a boda boda rider responded to the scream and ran away when he saw the rider.

The boda boda rider called for help and a search for the accused was commenced.

The accused was arrested within the forest and escorted to Mbirikani police station where he was charged with the offence.

However, in his defence, the accused had refuted the allegations of rape noting that the woman knew him and had consented to intimacy adding that they were secret lovers since she is married.

He had gone further to describe inside of the woman's house where they used to meet when her husband was not around which was confirmed by the court after a scene visit.

While acquitting the accused the court faulted the woman for alleging the accused was a stranger to her while he could accurately describe inside her house.

The court noted the woman might have communicated with the accused to meet in the forest since her husband was at home and when the two were caught red handed by a boda boda rider, she framed the accused alleging he was raping her.

The court found the prosecution had not proved the case beyond reasonable doubt hence the acquittal.

Courtesy; KNA