24-year-old caretaker charged with raping employer’s mentally impaired daughter in Kahawa West, Nairobi
People with mental challenges are perceived to be lacking capacity to consent into sexual intercourse therefore anyone who has carnal knowledge of them is legally perceived to have committed the offence of rape as provided in section 7 of the Sexual Offences Act of 2006
A 24 years old man who lured his employer’s mentally impaired daughter into a vacant room where he allegedly had carnal knowledge of her is facing rape charges contrary to section 7 of the Sexual Offences Act (SOA) of 2006.
The accused is code-named VMM while the victim is code-named WAA.
VMM is accused of intentionally and unlawfully having carnal knowledge of WAA, a person with mental disabilities without her consent.
He is facing an alternative charge of committing an indecent act with an adult contrary to section 11 (a) of the Sexual Offences Act (SOA) of 2006 where he is accused of intentionally and unlawfully touching WAA’s genitals against her will.
The suspect who is employed by the survivor’s mother as caretaker for her rental houses is alleged to have committed the offence in Kahawa West within Kasarani Sub County inside one of the employer’s vacant houses on June 17, this year.
Section 7 of SOA states that “a person who intentionally commits rape or an indecent act with another within the view of a family member, a child or a person with mental disabilities is guilty of an offence and is liable upon conviction, to imprisonment for a term which shall not be less than ten years”.
People with mental challenges are perceived to be lacking capacity to consent into sexual intercourse therefore anyone who has carnal knowledge of them is legally perceived to have committed the offence of rape as provided in section 7 of the Sexual Offences Act of 2006.
The accused identified as VWW had escorted the survivor from a salon back to her mother’s home but instead, allegedly led her into an unoccupied room where he is said to have committed the offence.
The survivor’s mother had paid for services at the salon at 4pm and the suspect left with the survivor to take her home a few minutes after the payment, a walking distance that should have taken them less than 20 minutes.
However, VWW’s employer later arrived home at 7pm to find the daughter and the caretaker missing.
The suspect escorted the survivor home at around 9pm and attempted to flee after he found several people gathered at the home, planning a search exercise.
He had allegedly collected his belongings when he was apprehended by the members of public and escorted to a nearby Maziwa police post where he was arrested.
VWW denied the charges before Principal Magistrate Renee Kitangwa of the Makadara Law Courts.
He was released on a bond of Sh200, 000 and an alternative cash bail of Sh100, 000.
The case will be mentioned on July 8, 2025 for pretrial and setting of hearing dates.
