By Robert Mutasi 
An Eldoret court has sentenced a middle-aged man to a total of 12 years in prison after finding him guilty of gang rape and committing an indecent act against an adult woman in a case that shocked residents of Turbo Sub-County in Uasin Gishu County.
Senior Principal Magistrate Kesse Cheronoh convicted Benson Simiyu on two counts under the Sexual Offences Act No. 3 of 2006 following a full trial in which the prosecution presented evidence linking him to the attack.
Simiyu was found guilty of gang rape contrary to Section 10 of the Sexual Offences Act and committing an indecent act with an adult contrary to provisions of the same law.
The court ruled that the prosecution had successfully proved its case beyond reasonable doubt.While delivering her judgment, Magistrate Cheronoh stated that the evidence presented during the proceedings was sufficient to establish the accused person’s involvement in the offences.
According to court records, the offences occurred on the night of January 15, 2025, in the Lower Colombo area of Turbo Sub-County.
Simiyu and another suspect, who remains at large and is believed to be outside the country, were accused of attacking and sexually assaulting a woman identified in court documents only by the initials S.M.
The court heard that the victim was walking to a nearby shop at about 9 p.m. to purchase food items for dinner when she was ambushed by the two men.Prosecutors told the court that the attackers waylaid her before striking her on the head with a metal rod.
The force of the blow caused her to collapse to the ground, bleeding heavily and eventually losing consciousness.In her testimony before the court, the victim recounted the terrifying events of that night.
She said one of the attackers stole her mobile phone while the other took KSh1,600 that she had been carrying in her pocket.The prosecution further established that after overpowering the woman, the two men sexually assaulted her in turns while she was unconscious and unable to defend herself due to the injuries sustained during the attack.
The victim told the court that following the assault, the attackers abandoned her in a secluded field and left her for dead.Investigations were launched after the incident, eventually leading to Simiyu’s arrest and prosecution.
However, efforts to trace and arrest his alleged accomplice have so far been unsuccessful.
During the hearing, Simiyu denied the charges and pleaded not guilty. Throughout the trial, the court heard evidence from witnesses and reviewed material presented by the prosecution before reaching its verdict.
In mitigation before sentencing, the convict pleaded for leniency. He told the court that it was his first encounter with the criminal justice system and asked for forgiveness.
“I pray the court to be merciful to me,” he reportedly stated, adding that he had never previously been linked to any criminal offence.
However, Magistrate Cheronoh noted that she had carefully considered both the seriousness of the offences and the mitigation offered by the accused before arriving at an appropriate sentence.The court subsequently sentenced Simiyu to serve a total of 12 years in prison.
The conviction adds to ongoing efforts by the judiciary and law enforcement agencies to combat sexual and gender-based violence, which remains a major concern in many parts of the country.
Authorities have continued to urge victims of sexual offences to report incidents promptly to enable investigations and prosecution of offenders.
Police have meanwhile indicated that investigations are continuing in an effort to locate and apprehend the second suspect who remains at large.
Once arrested, he is expected to face charges related to the same incident.