High court has of Kenya has commanded a retrial of former rugby players Frank Wanyama and Alex Obara who were previously convicted for gang rape.
The case will now be heard afresh at a lower court with the High Court directing that the two take be taken to Kilimani Police station for the preparation of plea taking before July 7.
The court in a fresh ruling, stated that the existing records do not show whether one of the witnesses was sworn or not.
The two had been sentenced to 15 years in the slammer last year for the incident that happened in 2018.
While handing down the sentence Magistrate Martha Mutuku said the victim, a local musician, was traumatised by the event which took place at Seefa apartments in Highrise, Nairobi on February 11, 2018.
“The complainant was traumatised hence a deterrent sentence is necessary,” she ruled.
The victim in her statement to the police claimed that on the fateful day, which was her birthday, she attended a party in Kilimani where the two rugby players were present.
She noted that she only knew one of the two rugby players and after a night of merry-making, she went home with them.
She claimed it was then that they took advantage of her inebriated state and raped her repeatedly, refusing to take no for an answer.
The players in their statements however maintained that sexual contact was consensual.