Rugby Players Frank Wanyama and Alex Olaba, accused of gang rape, have been released on a Ksh 300,000 bail each, after pleading not guilty to the conviction.
The two had initially been sentenced to 15-years imprisonment, but the High Court ordered a retrial after ruling that there was no evidence that one of the key witnesses in the case was sworn in before giving account to the case.
It is a procedural requirement that a witness must take an oath before testifying during a court hearing.
The High Court further directed that the two be charged afresh.
The players are accused of repeatedly sexually abusing singer Wendy Kemunto on February 10, 2018 in their Seefa Apartment in Highrise estate, Nairobi County.
Chief Magistrate Martha Mutuku of the Milimani Law Courts, while giving a ruling in August last year, said that the victim was traumatized by the incidence and that a deterrent sentence was necessary.
“I will proceed to impose a minimum sentence that is provided for under the Sexual Offences Act. I will sentence the first accused on the first account of gang rape to 15 years imprisonment. The second accused similarly on the account of gang rape is hereby sentenced to 15 years imprisonment,” she ruled.
Kemunto went public in April 2018 to protest the incident, setting the internet a blaze with posts saying She was “slipping in and out of consciousness” and was helpless considering the strong nature of the rugby players.
“I was slipping in and out of consciousness may be due to shock but I was helpless. I could not fight two professional rugby players and I let them do whatever they wanted the whole night.”
She further said that denial, pain and exhaustion refrained her from reporting to the police.
Wanyama, in response, said that Kemunto was trying to extort him.
The fresh case will be mentioned on July 21 for purposes of determination of a hearing date, and the two are warned not to interfere with any witnesses, failure to which will lead to a cancelation of the cash bail.