When the magistrate banged the gavel, he pronounced the accused guilty as charged

UPDATE: The court has today, Friday, May 13, 2022, sentenced the officer to Fifteen (15) years in prison …..

An elite police officer lured a woman to the General Service Unit (GSU) headquarters and raped her, a Magistrate’s court has established.

Four years after the matter was taken to court following an investigation by the Independent Policing Oversight Authority, the presiding magistrates Hon. CM Njagi convicted the officer, having found him guilty for the offence.

Anthony Ongere Moseti alias Kelvin is currently awaiting sentencing scheduled for later this month.

“The accused led the complainant to his house, signalled his guest to leave and proceeded to commit the heinous act upon the complainant twice without her consent. I do find that this case was proved to the required standard as to the offence of rape as charged,” according to the judgement delivered Wednesday, March 30, 2022, the Magistrate’s Court in Nairobi.

The “guest” was also a police officer.

The dreadful incident happened on February 9, 2017, when the woman visited the high-level security establishment in response to a telephone call made by the officer, who was well known to her. She was 27-years-old then.

The officer received her at the main gate and her entry was recorded in the visitor’s book in accordance with security measures in place at the GSU headquarters in Ruaraka, Nairobi.

GSU is an elite formation of the Kenya Police Service and its officers are trained in paramilitary skills.

The officer however, gave a different name and a false police service number after receiving the woman – he faced disciplinary proceedings for making false records – the court heard.

The offence was initially reported to senior officers after the woman managed to leave the officer’s house located at the residence quarters within the GSU headquarters.

The officer had left the house to fetch some vegetables.

The investigation, during which the woman has reported she was threatened with a panga, was in turn referred to Muthaiga police station for investigation.

“According to PW1 (the complainant) Muthaiga police station took a long time to arrest the culprit. She then reported the matter to IPOA,” the Magistrate noted in his judgement.

A police detective was among nine witnesses called by the prosecution during hearing.

She told the court that IPOA came in after the complainant reported to Muthaiga police station ad felt that nothing was being done.

The detective further told the court: “IPOA is mandated to investigate any complaint whether criminal or disciplinary against any member of the National Police Service.”

After the prosecution closed its case the officer was placed on defence following a ruling that “he had a case to answer.”

The investigation involved medical examinations including lifting and analysing DNA profiles of the accused and the victim.

Part of the judgement also read: “This court has carefully considered the evidence tendered by the prosecution and particularly the complainant and the defense raised by the accused person. This court reaches the verdict that indeed the prosecution established that the act was not consensual.”