92-year-old found unconscious after break-in as rape case stalls

By  George Odiwuor

Correspondent

Nation Media Group

What you need to know:

• A 92-year-old woman in Homa Bay remains without justice after an alleged rape, as her family challenges the ODPP decision not to charge a suspect despite medical evidence.
• Miriam* was found unconscious after an alleged break-in, with a neighbour’s belongings discovered inside her house, but her rape case has stalled after police investigations.

On most Tuesdays, Kaksingri in Suba South empties, as almost everyone heads to trade at Sindo market, either to earn money or to stock up on household goods before the next market day comes round. On August 11, that was exactly how the day began: quiet, ordinary, and just the kind of peace that 92-year-old Miriam* had come to expect when left home alone.

That peace was broken when someone broke into her house while no one was watching. Miriam does not know who it was. Because of her old age, she did not fight back, nor did she scream to alert her family. She simply stayed quiet, and to this day, nobody knows exactly what happened to her inside that house.

What her family does know is what was left behind after one of her great-grandchildren went in that evening to light the house, since it was already dark, and found the old woman unconscious. She was seated on a chair, which was unusual, as she is normally found on the bed at that hour, since she sleeps early.

"She did not respond when I called her. I immediately realised something was wrong, so I had to run out and call for help," the relative said.

When other family members got into the house, they confirmed that Miriam was indeed unconscious. As they weighed what to do, some began searching the house for clues as to what could have made the elderly woman lose consciousness. Moments later, they found items that did not belong to her: a mobile phone, sandals and a jacket, left on the floor. The intruder, in his hurry to escape, appeared to have left his own trail behind.

"Someone said he knew the owner of the phone and jacket. We traced the owner and questioned him," the relative said.

When confronted, a neighbour admitted the items were his, but denied any involvement in the break-in. For Miriam's family, that denial only deepened the mystery: if the belongings were his, how did they end up inside their mother's house on the night of the break-in?

Although nothing was stolen from the house, the family sought help from the police, and the matter was reported at Gingo Police Station under OB No. 09/12/08/2026. Besides the burglary complaint, they also reported that Miriam had been raped, a case that has failed to kick off despite police forwarding the file to the Office of the Director of Public Prosecutions (ODPP).

Medical documents reviewed by Nation show that Miriam was examined at Sindo Sub-County Hospital on August 12, hours after the incident, under the Ministry of Health Post Rape Care Form (MOH 363). The records indicate the Post Rape Care (PRC) protocol was activated, including the collection of samples for laboratory analysis and referrals for lab work, HIV testing and trauma counselling. The form also confirms that a full physical examination was conducted and documented by a clinician, as required in sexual violence cases, which supports the argument made by the family's lawyers that medical exhibits exist and were available to investigators.

Even so, the ODPP does not want to charge the suspect with rape, and the case has put both the police and the ODPP on the spot over delays in ensuring the elderly woman gets justice.

According to documents seen by Nation, a formal complaint was lodged on August 12, 2026 against a suspect, whose name has been withheld, for the alleged offence of rape said to have occurred the previous night. The complainant is listed as Miriam.

The family says it is unsatisfied with the response from investigators. Through their lawyer, Osodo and Company Advocates, they wrote to the ODPP in Homa Bay requesting a comprehensive review of the decision not to prefer charges against the suspect. They want the decision set aside on three grounds: that witness statements and exhibits, including a P3 form, clearly establish a strong evidentiary threshold as required under the guidelines on the decision to charge; that there are witness accounts that were omitted; and that the failure to prosecute undermines public trust and is contrary to the ODPP's mandate under Article 157 of the Constitution, leaving the victim aggrieved.

In its response, dated August 20, 2026, the ODPP, through Prosecution Counsel Nambande Masinde, explained why no charge was preferred. According to the ODPP, upon reviewing the complainant's statement and the medical documentation on record, the statement did not disclose the commission of a specific criminal offence. In particular, the ODPP says the statement as recorded did not state that the complainant had been raped or sexually assaulted, noting that the account given was that "her leg was pulled, whereupon she screamed." Consequently, the prosecutor says, the statement did not provide a factual basis upon which medical findings could be linked to an allegation of rape.

"While the medical report may contain findings suggestive of sexual activity or penetration, such medical findings, in themselves, cannot substitute for or introduce an allegation, which is absent from the complainant's account," the ODPP letter reads. "The statement, as recorded, did not disclose the essential factual ingredients of rape and consequently did not provide a sufficient basis for preferring a charge of rape," it adds.

For Miriam's family, two questions remain unanswered: how the neighbour's phone, sandals and jacket ended up inside her house on the day of the intrusion, and what really happened to her. They are now calling for a fresh, comprehensive review.

Miriam still complains of muscle injuries on her legs and needs medication to feel better. She says her leg was fractured, and that the pain was not there before the break-in.