On a sunny afternoon in July 2020, a middle-aged woman went to play golf at a club in Kiambu County to release stress at the height of the Covid-19 pandemic.
The day only seemed to get better when she bumped into a close relative, who insisted that they catch up over a few drinks before beating the government-implemented 7pm curfew.
July 11, 2020 did turn out to be an unforgettable afternoon, but not for good times, as she was physically and sexually assaulted.
Court and police records indicate that the woman may have been sexually assaulted by her cousin.
Last week, the Chief Magistrate’s Court sitting in Kikuyu found that the man has a case to answer after prosecutors closed their case.
The man will lay his defence before Senior Principal Magistrate Jacinta Orwa starting May 4, 2023.
He is a senior manager at an international airline in charge of several engineering operations across the continent and has worked for the airline for over 35 years.
Court and police records show that after playing golf, the woman had a few glasses of wine in the company of her cousin.
A few minutes to curfew on the day, the two agreed that the woman spends the night at her cousin’s house within Kikuyu sub-county because she was not in a position to drive, and there was no time for her to get home before 7pm.
As this was a close relative in whose house she had previously slept in, there seemed to be no harm with the plan.
But after getting into his car, she lost consciousness.
Some minutes past 9pm, the woman’s daughter got concerned of her mother’s whereabouts as there had been no communication about sleeping elsewhere.
She knew that her mother had spent the afternoon playing golf, possibly with her uncle, and decided to call him. He did not pick several calls she made.
She then called her uncle’s daughter, her cousin, to ask whether her mother had been spotted after golf.
The cousin spoke to her father, who said he did not play golf with her but gave an assurance that the woman was safe.
When the woman started regaining consciousness, she was in her cousin’s bed, and he was allegedly on top of her.
He was trying to rape her.
The woman tried to fight off her cousin, and a violent struggle ensued. The struggle left the woman with several scratches and bruises on her body.
She seemed to have lost consciousness again, and only woke up at 2am.
The following morning, she insisted on going home, as she could remember some of the traumatising events.
The man dropped her off at the golf club, she got into her car and drove home.
When she woke up, she told her daughter what had happened. The daughter noticed scratches on her mother’s right arm. Her mother later showed her other scratches and bruises inflicted during the scuffle in bed.
Her daughter called the cousin who had said that her mother was safe. The cousin said she was not aware that the woman was in their home.
The woman then called another relative and explained what had happened. The relative rushed to her home within Nairobi County.
The three went to a hospital, where the woman was treated and discharged.
For several days, the woman was psychologically disturbed, disoriented and confused about what action to take.
On July 22, 2020 a section of the extended family held a virtual meeting. The woman, her children, the man and a few other relatives attended the meeting.
The man allegedly confessed to have had unconsensual sex with the woman during the virtual meeting and apologised for his actions.
The woman later reported the incident to the police, who started investigating the matter.
Following the probe, the man was arrested on August 25, 2020 and presented in court the following day.
After pleading not guilty, he was released on cash bail of Sh50,000.
During the hearing, the woman told Magistrate Jacinta Orwa that the man may have laced her wine with a date-rape drug. She added that she had in the past consumed much more wine but not lost consciousness or felt as she did on the fateful night.
The prosecution closed its case on March 29, 2023, after which the court found that the man has a case to answer.
On May 4, 2023 the man will start presenting his defence. The court will then retire to prepare judgment. BY DAILY NATION