Anastasia had been strictly raised in a Pentecostal church all her life. As a matter of fact, her dad had been a pastor for decades. Hence it was too shocking and agitating for the world of Kwa Nguku and neighboring villages to grapple with news of a pastor’s daughter allegedly getting raped during a night out while she was in a stupor state for apparently imbibing one too many. It was extremely difficult for the largely conservative society Anastasia was raised in, to assimilate and break down the texture of the news. Many were appalled by the naked reality of a society that hadn’t realized the rains had commenced beating them.
For starters sake, Anastasia for a very long time exuded attributes of a typical church girl from the dressing code to her character. She’d forever wear very long dresses that one couldn’t demystify the front from the rear. Her chest area was ever tucked up decently and her voice tone was always humbling and courteous. The hen came home to roost when she joined campus and got negatively influenced by her choice of friends, besides struggling with unmanageable freedom and dealing with her can of baggage that had bottled-up over the years subsequently spilling over in her early twenties. Speaking of freedom, due to the shrewd nature of her parents, she wasn’t expected to entertain any male friends let alone have a boyfriend even after high school. She was monitored round the clock and wasn’t expected to own a phone more so in campus.
But perhaps to expose the underbelly in Anastasia’s life – the current wife to Pastor Muchoki is her foster mum. Her biological mother passed on in the maternity ward, Anastasia lucky enough to survive after being saved by the medics when she was being delivered. Her dad would later on remarry and have two more kids who happen to be her step-brothers. As is the case with many foster families, relationships become very dicey and apparently what was transpiring in Anastasia’s life currently was a repulsive reality of what she had gone through over the years.
Through her campus pocket money she generously rewarded herself by buying stuff she had been denied over the years be it stretch-mini and maxi casual dresses that she envied her friends in, to revealing crop-tops and off-shoulder ones and all sort of trendy shoes and handbags. She also bought herself a phone against the wish of her foster mum who’d easily cause major tantrums for that. Additionally, she had tasted freedom too, sadly with a heavy price to pay. She was now expectant and with an alleged rape case in court to prove beyond reasonable doubt. The stigma she had gone through for the last two months was tremendously shocking since she had always carried the pastor’s daughter tag round her neck, which mother nature had now decided to unsettle.
Shed’ recall when her foster mum beat her until she bled for being spotted with a boy soon after completing her high school studies. Her mum would instruct the neighbors to monitor her and brief her (foster Mum) on her daily moves. She was the only female in her family with no social life or excitement that comes with teenage-hood.
Mr.Okoth – Anastasia’s lawyer
My Lord, rape in Kenya is not only an offense but a criminal act that curtails an individual’s social development, robs one body integrity and grossly violates a victim’s basic humans rights especially against sexual violation.
On the night of 29th December my client was taken advantage of, by 10 men due to her stupor state. She was drunk, unconscious and not in control of her conscience and body. A gentleman by the name Ezekiel Kiarie alias Mongoose and his accomplices conspired and succeeded in hoodwinking my client Anastasia from the dancing arena of Magomano Bar & Grill and led her to the parking lot which was poorly lit and sexually assaulted her in turns and droves.
My client was subjected to an ordeal that was beyond her control without her consent. When she gained conscious and traced her memory, she realised all was not well. My lord, from the samples taken from the scene confirmed that my client bled.
Seshi rises to her feet on a point of order. She is denied an audience by Magistrate Opiyo Omugani.
“You can continue counsel Okoth.” The Magistrate quips, authoritatively.
My lord, thank you for protecting me. As I was saying, my client heavily bled. That’s a fact that can’t be disputed. Secondly, samples taken from the suspects matched with the findings collected from my client’s vagina.
An infuriated Lawyer Seshi shoots up again. Counsel Okoth ignores her and continue making his point.
“What is it my lady?” Magistrate Opiyo poses.
Breathing heavily. My lord, we cannot allow my learned friend to persistently mislead this honourable court. Counsel Okoth just aimlessly alluded that all the suspects’ specimens matched the findings collected from his client. My lord, with your indulgence kindly allow me to get clarification from my learned senior.
“Go ahead.” (Magistrate)
Seshi turns to Okoth for clarification.
My lord, I erroneously missed out the word SOME in my presentation. I didn’t make these notes, my staff did. I beg your pardon.
The courtroom gives in to short laughters. Seshi sits down.
My lord, on my third very important point. My client’s pregnancy test taken immediately she came to report the assault, turned positive. She conceived on the night of the infamous event. Fourthly my lord, my client is seen from the cctv footage as if she was screaming. This tells you she was pleading for help.
With that my lord, I beg to sit. I hope as you retire to write your ruling, you’ll kindly consider all the information I have passed across for my client to get the justice she deserves.
Seshi has a tall order to cut into size and deconstruct her learned friend’s case, nevertheless, she seems determined and composed.
Seshi – Njagi’s lawyer
My lord, when I watched the cctv footage I couldn’t believe the allegations that have been presented to this court and alluded against my clients. What I watched were two people having a good time. My lord, you could call it coitus. The 9 or so young men who have been subjected to a lot of anguish and stigma were not in that 30 minute or so footage. Only one out of the ten suspects is being used to blatantly blame and crucify the rest.
Adjusts her oversize black gown and sips some water with no urgency. The court waits for her to drain the sip down her alimentary canal as she prepares for her next point highlighted in her presentation notes.
My lord, the DNA results adduced before you on exhibit 1a, 1b, 1c all the way to 1j have no trace of my clients’ DNA similarities. The only positive test that came from the result solely match to one suspect’s DNA. I don’t wish to speak on behalf of the litigant I’m referring. They will have their time.
Draws a cunning smile on the edges of her mouth as she adjusts her specs.
My lord I can confirm to this court that the plaintiff to this case was a virgin before the night of the Magomano night out. My lord I can also confirm that the plaintiff lost her innocence at the parking lot to one man on the same night as proved by the cctv footage. She bled because it’s a natural and biological process that occurs when one is losing her virginity.
Lawyer Okoth rises on his feet and pleads to challenge the point being put across. He is denied a chance.
My lord, there is a clique of men and women in this country who are engaging in sexual exploitation by blackmailing their victims or innocent fellows unawares, with injury of their reputation on failing to meet their demands.
All along, the entire event, my clients did not come to any contact with the plaintiff as can be proved in depth by the cctv footage apart from one time when they are seen exchanging pleasantries at the start of the event. They neither danced, nor walked out in tandem. Moreover, no person has come out to testify in this court that they spotted my client with the plaintiff outside the hotel where the alleged act took place.
From the footage, the plaintiff was allegedly accosted at 0200 hours though the clip depicts like she was savoring and acting without coercion.
The court breaks into small laughters.
Magistrate Opiyo: Your time is up my lady.
Counsel Okoth has a word with his client and pleads to have her testify in 10 seconds.
Anastasia – The plaintiff
Your honours, I want to say the following; On the night of 29 December, I was neither raped nor subjected to any sexual assault. I only misled my parents who went ahead to get me a legal team because I was simply terrified and in denial of losing my virginity willingly. I made out with Ezekiel Kiarie alias Mongoose and none of the other guys fronted hear. I was at no one time consulted by my parents on how they got the names of the so-called suspects.
Anastasia’s parents and her legal team appear dumbfounded and speechless.
The court adjourns and resumes in a week’s time for the ruling.
Based on the evidence submitted by the plaintiff’s legal team headed by Senior counsel Okoth on the case of Anastasia vs Mongoose, the court is not satisfied that a rape act took place on the night of 29th December at Magomano Bar & Grill. I find the young men not guilty of the offence of rape as highlighted above and are therefore acquitted all charges adduced against them expect for Ezekiel Kiarie. The court directs that Ezekiel Kiarie alias Mongoose takes full responsibility of impregnating Anastasia and therefore ensures the mother and the baby are fully provided for financially and otherwise until the child reaches an age where he/she can self provide for him/herself.
Failure to that, the plaintiff (Anastasia) is free to come to this court to press charges against Ezekiel Kiarie for any form of neglect or abuse. Subsequently, the court will give specific directions on the upkeep, custody and safety of the baby and the mother.
With that, the court is dispersed.
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