Former Embu North Sub-County DCIO Jervasio Mwaniki Nyaga was found guilty of rape and sentenced to 30 years in prison.
Mwaniki was sentenced to 20 years in prison on two counts of rape and ten years on a count of abuse of position of authority by Justice L. Njuguna.
According to the Office of the Director of Public Prosecutions, the trial court acquitted the former detective on all counts. Still, the appellate court overturned the verdict, ruling that the prosecution had "overwhelmingly" proven its case against the accused.
"The Appellate Court, in setting aside the judgment of the Trial Court, agreed that the prosecution had proven all counts overwhelmingly and that the Trial Court had erred in descending into the arena of litigation and in considering extraneous factors while acquitting the Respondent," said the ODPP.
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Njeru was charged with raping a 42-year-old woman at Manyatta Police Station on May 31, 2020, around 5 p.m.
The court noted that the learned magistrate disregarded the compelling DNA evidence that unmistakably linked the accused to the crime, causing significant injustice to the complainant by acquitting the former officer.
The judge stated that the former DCIO enticed the complainant into his office and exploited her, knowing she was subordinate to him and would not report the matter.
