UPDATE: Chief Magistrate Martha Mutuku postponed the sentencing of Rugby players Frank Wanyama and Alex Olaba to Friday, August 16, 2 pm.
The duo, who remains in custody, was on Thursday found guilty of raping a musician by a Nairobi magistrate court. They face at least 15 years in prison each, or life sentences.
On Friday morning, the defence lawyers requested non-custodial sentences for Wanyama and Olaba saying "these boys are just starting out in life. If given a custodial sentence it will dash their dreams."
The defence also said the claimant was 24 years old and was mentally mature and she should have guided the rugby players since the accused persons are aged 23 and 22 and were all drunk at the time of the offence.
They further said the court should consider the ages of the accused persons, saying they come from very humble backgrounds.
The prosecution on the other side argued that the Sexual Offences Act provides for strict liability of offenders, and give a mandatory sentence of 15 years of life. They urged the court to consider the psychological torture the girl went through.
It said the girl was and still is young when the rape happened.
"If the court goes below the 15 years it will be going against the statutes of the law."
Wanyama and Olaba were accused of raping a woman at Highrise estate, Nairobi in February 2018.
This brings to an end 15 months of trial. Defence lawyers had told Raga House they will take the next action, appealing, on Friday morning after the sentencing. This is now postponed to August 16.
Office of the Director of Public Prosecution(ODPP) Kenya on Thursday tweeted: "Nairobi court finds rugby players Frank Wanyama and Alex Olaba guilty of gang rape and indecent act. To be sentenced tomorrow. The duo is accused of gang-raping a woman last year as Seefa Apartments, Highrise, Nairobi."