A court in Central Rift town of Kericho has jailed a boda boda (taxi motorbike) rider for 25 years after finding him guilty of raping and assaulting a 23-year-old passenger he was ferrying home.

Benard Koech, 30, was convicted and jailed by Kericho Resident Magistrate Claire Odunga for the offence he committed in a tea plantation in Jamji area of Belgut Sub-County on September 25, 2024 at around 9.30pm.

Koech had pleaded not guilty but the prosecution presented five witnesses who collaborated evidence against him.

The court was told that on the material day, the complainant boarded the accused’s boda boda at Premier Stage at 7pm on her way home from college, for which she was charged Ksh100.Upon reaching a tea plantation, the accused stopped the motorcycle, claiming it had developed a mechanical problem and informed the female passenger that he had romantic feelings for her and wanted to engage in sexual relations.

The complainant allegedly declined and attempted to walk away, but the accused forcibly grabbed her by the neck, pinned her on the ground, while threatening to stab her with a knife he was holding.

At the time, it was raining and the accused undressed the female passenger before engaging in unprotected sex. After the ordeal the victim used her phone’s torch to trace her handbag and was able to see and identify the accused’s face.

The prosecution informed the court that the complainant requested the accused to take her home, and he obliged. He later shared his phone number and asked for hers, which she sent via a ‘please call me’ alert. Upon reaching home, the complainant reported the incident to her mother who took her to Jamji Dispensary.

She was subsequently referred to Lipton’s Central Hospital and the matter was later reported to Kericho police station. During an identification parade conducted at the police station, the complainant correctly identified the accused from among nine other men.

A clinical officer who examined the complainant told the court that indeed the she had been raped and assaulted and tabled a P3 form and laboratory reports before the court, further confirming the rape and assault charges.

A probation report tabled before the court also described the accused as unfit for a non-custodial sentence with the area chief terming him as an irresponsible and disrespectful individual to the local administration.

In his defence, the accused gave a sworn statement and called two witnesses. He denied committing the offense, claiming that the complainant was his lover and had consented to having sex with him on the material day. He said he even used to send her money.

His two witnesses testified that the complainant was a girlfriend to the accused saying they lived together from October to November 2024 in Roret area within Bureti sub-county, Kericho County.

In mitigation, the accused pleaded for leniency but the magistrate found him guilty and ordered that he serve 20 years in jail for the rape charge and five years’ imprisonment for the assault charge, with the sentences running concurrently.

“I have considered mitigation by the accused together with the pre-sentencing report filed. The report recommends a custodial sentence due to the bad character of the accused,” Odunga ruled.

“This court has considered the circumstances of the case. The offense was very violent in nature and the complainant reported that the accused continued to threaten her during the trial.

The accused deserves a deterrent sentence; he was inhumane and deprived the complainant of her dignity. Accordingly, the accused is sentenced to serve 20 years imprisonment for count one- and five-year’s imprisonment for count two and the sentences to run consecutively,” ruled the magistrate.

• A Tell Media / KNA report / By Sarah Njagi