Mr Chai had been convicted of rape under Section 7 of the Sexual Offences Act and sentenced to 20 years in prison.

📋 Breaking It Down

A man who had been sentenced to 20 years in prison for allegedly raping a woman with a mental disability has been acquitted after the High Court found that the charge against him was framed under the wrong law.

Justice FN Kyambia of the High Court in Malindi ruled on September 14, 2026 that the conviction of Shoka Jabil Chai was unsafe because the prosecution charged him with an offence that did not apply to the circumstances of the case.

Mr Chai had been convicted of rape under Section 7 of the Sexual Offences Act and sentenced to 20 years in prison.

📌 What You Need to Know

The prosecution alleged that on January 28, 2022, in Kilifi County, Mr Chai intentionally raped SL.

The judge noted that rape of a person with a mental disability is provided for under Section 146 of the Penal Code.

However, Justice Kyambia found that Section 7 of the Sexual Offences Act does not create the offence of raping a person with a mental disability. Instead, the section deals with rape or an indecent act committed in the presence of a family member, child or person with a mental disability.

“The person with mental disability was the victim and not a spectator,” the judge said.

The error meant that Mr Chai had been convicted of an offence that existed under a different law.

Justice Kyambia said the trial court should have directed that the charge be corrected before proceeding with the case.

📰 Source: Nation Africa