A matatu driver allegedly caught red-handedly by police attempting to rob a woman after raping her at a bush in Kasarani, a Nairobi suburb, is facing rape charges at the Makadara Law Courts.
James Mbauni is accused of raping MM inside Miaro farm in Kasarani, on January 21, 2023, contrary to section 3 (1)(a)(c) of the Sexual Offences Act (SOA) of 2006.
He is facing an alternative charge of committing an indecent act with an adult where he is accused of intentionally touching MM’s genitals with his manhood on the same date in contravention of section 11 (a) of SOA.
The police officers who rescued MM were on patrol shortly before 6am when they met a bodaboda rider who informed them that he was suspicious of the matatu that had been driven into a nearby bush.
The officers followed the matatu into the bush and allegedly found Mr Mbauni and MM in a struggle and intervened.
Mr Mbauni had attempted to board the matatu and speed off but was intercepted by the police officers.
MM was headed to Kiambu County and the driver of the public service vehicle stopped by and told her that he would drop her at the right stage, which she did not know.
She boarded the matatu but after some distance, the driver abandoned the main road and took a road to an unknown destination which made her suspicious and asked to alight and wait for a different vehicle.
However, the driver allegedly threatened her to remain silent and drove on. After driving for about 200 metres from the main road, the driver stopped and alighted from the vehicle, and ordered MM out.
Mr Mbauni is said to have told MM that she must follow his instructions before taking a pair of scissors from inside his jacket and threatening to stab her if she did not oblige to what he wanted.
He allegedly started raping her but MM bit her on the hand that was holding the scissors forcing him to drop it and she freed herself and made an attempt to flee.
However, the suspect allegedly grabbed and wrestled her down and took a stone which he threatened to hit her with. He then allegedly ordered her to make calls to relatives and friends to send her money
Mbauni was allegedly holding a stone threatening to strike her if she did not make calls to ask for money but MM was still making attempts to escape.
In the ensuing commotion, the police officers arrived at the scene and ordered them to surrender but Mbauni allegedly dropped the stone and attempted to flee before he was arrested.
They were both escorted to Njathaini police station where police made emergency calls seeking help for MM as a gender violence survivor and she was rushed to a hospital before she recorded her statement about the incident.
Mr Mbauni denied the charges before Senior Principal Magistrate Justus Kituku.
He was released on a bond of Sh300,000 and an alternative cash bail of Sh200,000.
The case will be mentioned on March 20, before the hearing starts on June 17, 2024.
