Update: Tuesday, July 7, 2020: Frank Wanyama and Alex Olaba have were released on a cash bail of Ksh 300,000 after they pleaded not guilty to charges of gang rape and committing an indecent act. The two answered to the charges in court on Tuesday, July 7.
Update: Tuesday, June 30, 2020: The High Court has ordered the retrial of former rugby players Frank Wanyama and Alex Obara. Citizen TV reports.
The duo was convicted for gang rape. The High Court also directed that the two be taken to Kilimani Police station for the preparation of plea taking before July 7. The judge ruled that the existing records do not show whether one of the witnesses was sworn or not while providing evidence for the prosecution side.
This means that the 15-year sentence awarded to the duo has been scrapped off.
On Thursday, two Kenya Sevens, Frank Wanyama and Alex Olaba Mahaga, who were charged with gang rape in April, were found guilty.
During another hearing on Friday, Chief Magistrate, Martha Mutuku, postponed the sentencing to 2 pm on Friday, August 16.
The two who were was accused of raping a woman only identified as W.A, on February 11, 2018, and were consequently charged will remain in custody for one week.
In July 2019, a court in Nairobi issued a warrant arrest for Alex after he failed to appear for a session.
Justice Martha Mutuku was to give the judgment on Thursday, June 11, but Olaba failed to appear.
However, his lawyer came to his defence and told the court that the rugby player was stuck in traffic and unable to get to court in time.
The magistrate consequently deferred the matter to Friday, July 12, but the 2nd accused person was still missing.
The Director of Public Prosecutions, Noordin Haji, was the one who recommended charges against two Kenya Harlequin FC rugby players
Haji ordered the arrest and prosecution of the two Quins rugby players after they raped the popular musician.
W.A, the complainant, had taken to social media accusing the two of raping and impregnating her.
"On February 10, 2018 (my birthday) I was raped by two men. I was slipping in and out of consciousness may be due to shock but I was helpless.
"I couldn’t fight two men who play rugby professionally, obviously they were stronger hence I let them do whatever they wanted to do the whole night," her Instagram post read in part.
Reports indicate that the detectives have revealed that the rugby players admitted to having sex with the lady but said: "it was all consensual."
However, in her statement, W.A had claimed that she was incoherent when the two Kenya Harlequin FC players repeatedly raped her.
"I could have reported the case to police that day but I was still in denial, shock and exhausted! I didn't want to report also because of the profile of these rugby players."
"Reporting a case now will not have any impact because the way the system is set up, it helps the rapist, never the victim," she had posted.
However, the office of (DPP) had taken the matter stating that: "The ODPP treats information about rape very seriously. Be rest assured that the matter is being given due attention as a matter of urgency."
The two were previously released from police custody after posting cash bails of Ksh 500,000 each.
Since the occurrence, Wanyama and Olaba have not taken part in any rugby event.
