The sentencing of two rugby players who were on Thursday found guilty of gang-raping a woman has been moved to next Friday.
The convicts, Alex Mahaga Olaba and Lawrence Frank Wanyama, were set to be sentenced today, Friday.
However, the magistrate only heard mitigation. Defence lawyer Jimmy Simiyu said his clients were remorseful and asked the magistrate to hand them non-custodial sentences.
The defence said that despite the complainant being termed as young, she is older than the accused and therefore in terms of mental capacity, she is older than them.
She is 24; they are 23 and 22, and were university students at various levels.
“In the sentencing please be alive to the circumstances that they had not planned to meet the complainant on that date and they met at a birthday party,” said Mr Simiyu.
“There was a level of intoxication and the accused person and complainant exchanged pleasantries before they retired to Seefar apartments. They have complied with the bond terms and attended all but two sessions in court when the second accused was not able to come to court. He had travelled to Helsinki to sign a rugby contract.”
For its part, the prosecution argues that the Sexual Offences Act provides for strict liability of offenders, and gives a mandatory sentence of 15 years to life.
“If the court goes below the 15 years it will be going against the statutes of the law,” said a prosecutor.
The accused persons will remain in custody until the date of their sentencing.
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