Two in court for ‘raping’ friend’s girlfriend after she blacked out

Makadara Law Courts

Ndaya Kassim Owino (left) and Issa Odhiambo Suleiman at the Makadara Law Courts on January 20, 2023.  

Photo credit: Joseph Ndunda | Nation Media Group

What should have been a night of partying and merriment turned into one woman's nightmare after she was raped by two of her boyfriend's drinking pals.

On the night of January 15, 2023, the said woman was drinking with her two boyfriends, including the father of her child, at a pub in Nairobi's Umoja Estate.

At one point, as they were enjoying their drinks, one of her boyfriends excused himself and left them before another one by the name Ndaya Kassim Owino joined them at their table.

Later, the three left to spend the rest of the night at Mr Owino’s house. However, along the way, they were joined by Mr Issa Odhiambo Suleiman, who persuaded them to go to his house which was nearby.

At the house, they continued drinking and chewing miraa. However, they ran out of beer and started arguing over where to get beer and who to buy it. During the argument, the woman’s boyfriend left the three in Suleiman’s house.

Mr Owino reportedly gave the woman the beer he was drinking and she blacked out immediately. She woke up the next day at around midday and found herself alone on Mr Suleiman’s bed.

Mr Suleiman asked her to leave since he wanted to go to work and she left. She did not notice that anything had happened to her.

However, she felt pain as she entered her house and informed her boyfriend about it. She told him that she suspected that she had been raped by Mr Owino and Mr Suleiman.

She planned a meeting with the two accused persons the next day and they admitted that they had raped her in turns while she had blacked out.

She sought treatment and later reported the incident at Buruburu Police Station. Police conducted investigations and arrested the two suspects.

On Friday, the two men were charged with sexual assault contrary to section 10 of the Sexual Offences Act (SOA) of 2006.

Mr Owino and Mr Suleiman denied the charges before Senior Resident Magistrate Mercy Malingu at the Makadara Law Courts. They claimed the complainant lodged a complaint because her boyfriend had learnt of the incident.

The accused persons were released on a bond of Sh500,000 without an option of cash bail. The case will be mentioned on February 15, 2023, before the hearing starts on April 5, 2023.