Convicted Kenya rugby players were hard hit by the court today in the alleged raping case against a Musician.
Today, the court declined to suspend their trial where Frank Wanyama and Alex Olaba had applied seeking to suspend the hearing of their case.
But it was a blow to the duo after Justice Ngenye Macharia ha ordered for a retrial but senior Resident Magistrate Zainab Abdul dismissed their application.
“This court has no jurisdiction to stay its own proceedings the defence ought to have approached the right forum for the orders,” the court ruled.
He also argued that based on the doctrine of precedence in which decision of superior courts are binding on lower courts, it is highly unlikely that the magistrate’s court will depart from the determination already made by the High Court on the substance of the evidence.
“From the foregoing it is manifestly clear that the tenor of the High Court judgment was that the alleged sexual intercourse between the accused and the victim was not consensual,” the court heard.
In her ruling, Ngeye said even though she limited her deliberation, it was apparent in the evidence by the prosecution that there was sexual relation between the victim and Wanyama adding that she had no doubt that the intercourse was not consensual.
She declined to acquit them as the defence had applied saying from the evidence shown by the prosecution, the sex was not consensual.