Two boys aged 18 will spend the next 15 years in jail after they were found guilty of sodomising a 16-year-old boy at Shikusa Borstal institution.
In his judgement, Kakamega Senior Resident Magistrate Erick Malesi said he was satisfied that the prosecution had “discharged its burden warranting conviction” of the two teenagers.
Elvis Lusimba and Eugene Barasa were convicted on a main charge of gang rape and an alternative count of committing indecent acts with a minor. Their conviction adds to six the number of boys convicted for sodomising the same complainant on the nights of October 23 and 24, 2018.
The complainant who is at the correctional facility for attempting to kill his mother narrated a painful ordeal that had made him contemplate escaping from the institution. He said he was approached by three boys on the night of October 23 at their Garissa Dormitory who demanded for sexual favours. The three assailants threatened to beat him if he dared scream or inform the authorities.
The following night, three other inmates came to his bed and started assaulting him. They too demanded for similar sexual favours. The distraught boy gave in to their demands fearing they will continue beating him. Police Constable Evans Atito who had been attracted to the low murmurs peeped inside and saw the three in the complainant’s bed but they pretended they were borrowing a newspaper. He ordered them to leave to their respective beds. They dared the complainant to report the incident saying he would face dire consequences.
Devastated and fed up with the two ordeals, the Form Two complainant decided to escape from the lawful custody but was apprehended where he narrated the two ordeals as his main motive of fleeing. Six boys were charged with gang rape where four pleaded guilty to the charges while the others denied making their cases go to full trial. Three were sentenced to two years imprisonment since they were minors while one was handed a 15 year jail term since he was an adult.