06/04/2013
A 39 year old man alleged to have r***d a Nursing student during violence in Homa Bay town has been arraigned in court.
James Omoke Mwongwasi appeared before Homa Bay Senior Resident Magistrate Paul Mayova to answer charges of allegedly ra**ng a 22 year old Nursing student contrary to Sexual Offences Act.
The Court was told that the accused intentionally and unlawfully had carnal knowledge of the student by use of threats on the night of March 30 and 31 this year at Hippo Buck area in Homa bay town.
The accused faced an alternative count of committing an indecent act with an adult by intentionally and unlawfully touching her private parts against her will.
The court heard that on the same day, at about 6.00pm, the complainant was going to report on duty at Homa Bay District Hospital where she was undergoing internship before she met a group of men walking along the road.
Mr Mwongwasi informed her that there was a riot ahead of her way since the area residents were protesting against the Supreme Court’s ruling hence she would not be able to arrive at the hospital.
The accused took advantage of the prevailing situation to lure the lady into his house, masquerading to give her protection during the difficult moment.
However, at about midnight, the accused pulled the complainant from where she was sleeping, deprived her of a mobile phone, forced her into his bedroom and threatened assault before ra**ng her severally.
After getting her phone back, the lady sent a text message to her colleagues in the Hospital and tipped the police who rescued her.
The accused denied the charges and was granted a bond of shs 300,000 with surety of similar amount or cash bail of shs150, 000.
He was remanded after failing to raise the bond. The case is scheduled for hearing on May 6 this year.
The complainant is a student in one of the Medial colleges in Nyanza Province.
Two losers for Homa Bay County Ward representative have filed petitions to challenge the last General election results in their respective wards.
Isaiah Odak Onyango and Fredrick Otieno Nyagowa have filed petitions in the office of Homa Bay Court Chief Magistrate Patricia Gichohi to challenge results which were announced by the Independent Electoral and Boundaries Commission (IEBC) in their repective wards in Kasipul Constituency.
Mr Onyango filed a case challenging election Isaiah Odera’s victory as the ward representative for West Kasipul.
In a different petition, Fredrick Otieno Nyagowa is challenging the election of Isaiah Opap as the ward representative of West Kamagak.
In the petitions filed through their Lawyer Samwel Nyauke, the two accused the winners in their respective wards, Kaspul Returning Officer and IEBC of flawed electoral process.
They argued that the two County ward representatives were declared winners even though the election that was conducted on March 4 was marred with irregularities.
As a proof of flawed elections, the petitioners said tallying of votes was deliberately meddled with to give their respective competitors unfair lead over them.
They added that their agents were denied by the IEBC officials to sign the election results tallying sheets (forms 35).
They further blamed the Returning Officer and the IEBC of failing to take care while scrutinizing the votes cast.
The petioners demanded the scrutiny and recount of ballot papers be done with respect to all candidates who participated in the election.
They were also praying for their declaration as winners should the recount of the ballot papers prove them to be leading with valid votes.
The petitioners demanded that the cost of their petitions be met by the respondents.
