Justice served: Man found guilty in Langa langa rape and robbery case

Two counts of gang rape, three counts of robbery with violence and three counts of indecent acts, involving a minor and two adults.

These are the charges facing Robert Kimutai Ole Kipai alias Lenny.

Witness statements gave horrific details of how Robert while in the company of two others committed these atrocious acts for the better part of three hours in Langa langa estate on March 18, 2014.

Some of the details in this case have been intentionally left out as they are too graphic.

The first witness who was 17 at the time told the court that she was raped by three men who had forced their entry into their house.

“We were asleep and I was woken up by two people. One of them showed me a pistol. One of them inquired whether there were other occupants and I directed them to my aunt’s room. We were all bundled together in her room and tied up,” she states.  

She recounted how the three men took turns raping her and after ordered her to take a shower.

The second woman who was 27 also gave the same tale with regards to how the group of men broke into their house, armed with a pistol, a panga and pliers.

She also says that she could clearly see the faces of these individuals.

“They also tried to rape me but before they could I lied to them that I was HIV positive. This deterred them from doing so,” she told the court.

The third witness who was 49 years old (the aunt) recounted how the assailants took her niece to a separate room and defiled her.

“As for the other woman she told the robbers she was sick and they came to confirm with me and I told them that indeed she was sick,” she says.

The 49-year-old says that they slapped her as they demanded passwords to her laptop and ATM card pins. They withdrew money from the various ATM cards that she had and also made away with various items from the household.

“The individual with the panga raped me and ordered me to take a bath but I refused,” she told the court.

Identifying the assailant

Two weeks later, the 49-year-old was called and informed that someone had been arrested. They were to go and identify him.

Paul Omolo, a police officer, testified that he carried out an identification parade involving Leonard Kimutai. He told the court that the parade was conducted within the laid down regulation.

“I went to the cell and picked persons who bore a resemblance to the accused person. I picked eight suspects and placed them on him. We then called the witnesses one after the other and informed them to identify the suspect among the persons who were in the parade. In each instance the three witnesses identified the suspect through physical appearance”, he told the court.

Dr. Justus Nondi a gynecologist after examinations formed the opinion that the 17-year-old was defiled, the 49-year-old was raped and the 21-year-old was had been physically assaulted.

While at the court the 49-year-old identified the accused (Robert) as the person who had the gun.

In his judgement Principal Magistrate Vincent Adet said that the prosecution had proven the charges in the main count beyond reasonable doubt, thus finding Robert guilty.

The sentencing will be conducted at a later date.