A 32-year-old man from Kanyariri was, on Friday, handed one-year imprisonment after he was found guilty for inappropriately touching a neighbour’s buttocks.
Kibera Law Court’s Senior Principal Magistrate Philip Mutua handed Christopher Kinyanjui a one-year jail sentence or pay a ksh50,000 fine for unlawfully and intentionally touching his neighbor inappropriately.
KInyanjui was, however, acquitted of rape charges he had allegedly committed on July 11 2014 at the Kanyiriri area within Nairobi County.
Kinyanjui was accused of sexually abusing a victim N.N.M, a casual worker he however denied the allegations.
The victim had told the court on the day Kinyanjui reportedly committed crime, he had gone to a nearby pub to have a bottle of beer and left the pub at 9.30 pm while drunk.
Waking up the following day, the victim told the court that he was informed by his family that he had been raped the previous night and was to accompany his father to the police station to record a statement. He, however, said that he could not remember much about what happened on a material day.
The prosecution witness told the court that the victim was headed home the night the crime was allegedly committed that he heard some noises from a nearby bush. On checking on what was going on, the witness said that he first saw a pair of trouser jeans and a Rastafarian belt on the ground before he saw two people forcefully raping the victim.
The witness further told the court that one of the suspects who were allegedly abusing the victim ran away on seeing him. He said that he was able to catch up with the accused who he purportedly caught in the act.
He said that together with other members of the public, they were able to take Kinyanjui to the police station.
The victim who was totally drunk on the other hand was taken to the hospital as he also bore injuries on his bottom.
In his defense, KInyanjui told the court that he was a victim of circumstances. He claimed that on the fateful night, he had also left the pub at around 8.30 pm.
While on his way home, he heard some noises from a nearby bush. When he went to check what was going on, he was attacked by two men who severely assaulted him and ran away with some of his valuables and when he screamed for help, members of the public who came instead took him to the police station.
The court, however, ruled that there was insufficient evidence to prove rape charge but noted that the act of indecency was proved beyond reasonable doubts
