David Ndumba, the appellant, was charged with one count of rape contrary to Section 3(1) (a) & (c) as read together with Section 7 of the Sexual Offences Act No. 3 of 2006 in the Senior Principal Magistrate’s Court at Meru. The particulars of the offence were that the appellant intentionally and unlawfully had sexual intercourse with a person with mental disability with her consent - the consent was obtained by means of threats and force. The appellant was also charged with an alternative count of indecent act with an adult contrary to Section 11(6) of the Sexual Offences Act, for an act of indecency with the same person.
The Court of Appeal upheld the appellant’s conviction and sentence issued by the Principal Magistrate’s Court.