Former rugby players’ bid to halt rape trial flops
By Bernice Mbugua, December 17, 2020
Bernice Mbugua @BerniceMuhindi
Two former rugby players who have been charged afresh with gang-raping an upcoming female musician in Nairobi on April 23, 2018 have lost a bid to suspend their trial.
Frank Wanyama and Alex Olaba, wanted their case referred back to the High Court for hearing and determination, claiming they will not get justice following a comment by a judge, who ordered for their retrial after quashing their 15-year jail term.
Senior Principal Magistrate Zainab Abdul however ruled that the court has no jurisdiction to stay its own proceedings.
“The defence ought to approach the right forum and seek such orders. The application by the defence lacks merit and is hereby dismissed in its entirety,” ruled the magistrate.
“This matter shall proceed to its logical conclusion without further delay until such a time when an order staying these proceedings shall be served upon this court for compliance,” she said.
The two had spent about 11 months in prison before they were charged afresh. They played for the national team but were suspended after they were charged.
They however continued to play for Kenya Harlequin FC until when they were jailed. They had been convicted and sentenced to 15 years in prison by Chief Magistrate Martha Mutuku.
However Justice Ngenye Macharia overturned the conviction saying the existing records did not show whether the complainant was sworn or not.