DPP secures 70-year sentence for two convicted of robbery and sexual assault

The DPP has secured a cumulative 70-year prison sentence for two men convicted of robbery with violence, gang rape and sexual assault.

The Kibera Law Courts found the prosecution proved the case beyond reasonable doubt using witness testimony, medical evidence, motorcycle tracking records and documentary exhibits, before imposing consecutive prison terms on both convicts for the offences.

The conviction followed a prosecution led by Principal Prosecution Counsel Hilda Omondi, who presented evidence from six witnesses detailing how the complainant was lured to Nairobi under the pretext of a business opportunity before being robbed and subjected to a brutal assault.

The judgment, delivered on June 29, 2026, by Senior Principal Magistrate Irene Kahuya at the Kibera Law Courts, convicted Cleff Juma Mbaka and Mursal Kafe alias Muu Nasur of robbery with violence, gang rape and sexual assault after finding that the prosecution had proved its case beyond reasonable doubt.

According to the Office of the Director of Public Prosecutions (ODPP), prosecutors, led by Principal Prosecution Counsel Hilda Omondi, called six witnesses whose evidence established that the complainant had been lured to Nairobi under the guise of a business opportunity before being robbed and subjected to a brutal attack.

Evidence presented through six witnesses, established that the victim was lured to Nairobi under the guise of a business opportunity before being robbed of his mobile phone, cash and personal documents.

The court heard that the complainant was drugged, sexually assaulted, gang raped, and later abandoned at Lang'ata Cemetery with severe injuries that required emergency surgery.

The prosecution's case relied on witness testimony, medical findings and documentary evidence, all of which the court found credible.

"In reaching its verdict, the court relied on the complainant's consistent and credible testimony, corroborative medical evidence, a motorcycle tracking report, documentary exhibits linking the motorcycle to the first accused, and other circumstantial evidence that conclusively placed the two convicts at the scene. The defence of mistaken identity was dismissed as lacking merit," reads a court filing.

After convicting the two men, the court imposed separate custodial sentences for each offence and directed that they run consecutively.

The court sentenced the convicts to 30 years' imprisonment for robbery with violence, 20 years for gang rape and a further 20 years for sexual assault.

The sentences will run consecutively, resulting in an effective custodial sentence of 70 years, after taking into account the eight months already spent in custody.

The trial court said the sentence reflected the seriousness of the offences and the need to discourage similar crimes.

Magistrate Kahuya also warned boda boda operators against allowing their motorcycles to be used in criminal activities, following evidence presented during the trial linking a motorcycle to the case.

The conviction marks a significant prosecution for the ODPP, with the court finding that the combined witness testimony, medical reports, tracking records and documentary exhibits established the guilt of the two accused beyond reasonable doubt, leading to one of the longest cumulative custodial sentences imposed in a robbery and sexual assault case.