An emotional appeal from the ailing mother of Tanzanian Bongo Flava star Sefu Shabani Ramadhani, popularly known as Matonya, became the decisive factor that brought a rape case against the musician to an abrupt end at the Shanzu Law Courts in Mombasa.

Court records reveal that after criminal proceedings had commenced, Matonya's mother personally reached out to the Kenyan businesswoman who had accused the singer of rape, pleading with her to forgive her son.

That appeal, coupled with the complainant's own emotional exhaustion from the case, ultimately set in motion a chain of events that culminated in the withdrawal of the charges.

Read: Tanzanian Bongo star Matonya charged with rape

Bongo music star Matonya at a Shanzu court in Mombasa.

Photo credit: Brian Ocharo | Nation Media Group

The complainant laid bare her reasons in a sworn affidavit, telling the court that the case had become an emotional burden she no longer wished to carry.

"I have decided to forgive the accused person because it is bothering me. The accused's ailing mother also reached out to me and asked me to forgive her son," she stated.

The affidavit shows that the mother's plea prompted the woman to reconsider pursuing the case. She later sought to withdraw her participation, saying she had reconciled with the accused and wanted to move on with her life.

The Director of Public Prosecutions did not oppose the request. Instead, prosecutors informed the court that they had obtained instructions to withdraw the charges under Section 87(a) of the Criminal Procedure Code.

Although the matter involved allegations of rape, the court found no legal obstacle to allowing the application after considering the complainant's sworn affidavit and the prosecution's position.

"I have noted that the request for withdrawal of the charges has been supported by the prosecution. In the circumstances, the charges are withdrawn under Section 87(a) of the Criminal Procedure Code. The accused is free," the court ruled.

Read: Tanzanian Bongo star Matonya leaves prison after rape charge

The court further ordered the release of Matonya's passport, lifted the red alert that had been issued against him, set aside the bond terms and discharged his surety.

The ruling brought to an end criminal proceedings that had hung over the musician for nearly three months.

During the formal application to withdraw the case , Matonya expressed gratitude .

“I am grateful. I pray for the release of my passport," he said.

The complainant maintained throughout that her decision was entirely voluntary and was neither negotiated nor influenced by pressure, threats or inducements.

"It is my own decision to withdraw and I have not been forced to withdraw the matter. I also know that once I withdraw the case, I cannot revive it," she stated.

She disclosed that after filing the complaint, she reconciled with the accused and consciously chose forgiveness over continuing with the prosecution.

"I made this complaint. Since the institution of these proceedings, I have reconciled with the accused person and I have chosen to forgive him. As a result of the said reconciliation, I no longer wish to pursue the complaint and respectfully seek to withdraw my participation in the matter," she said.

Read: I was set up, Bongo Flava star Matonya claims as court clears him of rape

Beyond the reconciliation, the complainant cited practical and personal reasons for stepping away from the case.

She informed the court that extended travel commitments would make it difficult to continue attending proceedings. More significantly, she described the profound emotional and psychological toll the case had taken on her, saying it had disrupted her personal life, strained her social relationships and subjected her to intense public scrutiny, embarrassment and stigma.

"In view of the above, I no longer wish to participate in the proceedings and would prefer to move on with my life and focus on my personal affairs and future commitments," she stated.

She said that her decision stemmed from reconciliation, travel obligations and the emotional and social impact of the proceedings.

"My decision to withdraw the matter is based on the reconciliation between us, my travel commitments and the emotional and social impact, and is made voluntarily and without any force, threats, intimidation, coercion, inducement or undue influence from any person," she told the court.

She also made it clear that her withdrawal was unconditional and should not be interpreted as the result of any agreement or settlement.

Court records show that the case did not end immediately after the complainant expressed her wish to withdraw it.

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Bongo artiste Seif Shaban aka Matonya performs at Nakuru Golf Club during O’l Skool Bongo vs Kenya Edition on November 22, 2025.

Photo credit: Boniface Mwangi | Nation Media Group

Matonya denied the charges when he was arraigned on April 9, prompting the court to schedule pre trial directions. At the time, prosecutors sought more time to assemble documentary evidence before informing the court that they were ready to proceed with the trial.

The first attempt to terminate the proceedings came on June 11 when the complainant indicated that she no longer wished to pursue the case.

However, because the allegations involved rape, prosecutors and the court insisted that the reasons for the withdrawal be formally placed on record through a sworn affidavit, citing the public interest attached to sexual offence cases.

After the affidavit was filed, the prosecution forwarded the case file to senior officials within the Office of the Director of Public Prosecutions for review and approval before any application could be made in court.

When the matter returned to court on July 1, prosecutors confirmed that they had obtained the necessary authorisation. The complainant was placed under oath, adopted her affidavit and reaffirmed her reasons for withdrawing from the proceedings before the court formally terminated the case.

Matonya had initially been charged with rape and an alternative count of committing an indecent act with an adult.

The prosecution alleged that on April 7, 2026, at an apartment in Nyali Sub County, Mombasa, he intentionally and unlawfully penetrated the complainant, identified in court documents as J.G., by use of force.

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In the alternative count, prosecutors alleged that he intentionally touched the complainant's private parts without her consent.

According to police investigations, the events that culminated in the criminal case began after the complainant received a phone call from a friend of the accused on the night in question.

Investigators say that while they were speaking, Matonya allegedly took over the call and invited the woman to join them.

Although she initially declined, she later agreed and met the two at a wines and spirits outlet in Bamburi.

The three are said to have later proceeded to an apartment in Nyali after purchasing alcoholic drinks, where they spent the evening eating, drinking and socialising before retiring for the night.

Investigators established that the complainant slept on a couch in the sitting room while Matonya and his friend occupied the bedroom. It is alleged that during the night, the musician left the bedroom, went to the sitting room and forcefully raped the complainant. Police further allege that he physically assaulted her after she raised an alarm.

The incident was subsequently reported to the police, triggering investigations that culminated in Matonya's arrest and arraignment before the Shanzu Law Courts.

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The withdrawal of the case against Matonya mirrors another high profile criminal case involving Embakasi East MP Babu Owino and DJ Evolve, where reconciliation between the complainant and the accused also became a significant feature of the proceedings.

Testifying virtually from his bed, DJ Evolve told Senior Principal Magistrate Bernard Ochoi that he did not see the MP shoot him on the morning of January 17, 2020.

Photo credit: Richard Munguti | Nation Media Group

In that case, an agreement under which the MP undertook to cater for DJ Evolve's medical expenses and buy him an apartment prompted the prosecution to withdraw the attempted murder charge against the lawmaker.

However, the two cases ultimately took different legal paths.

In Matonya's case, the reconciliation, coupled with the complainant's request to withdraw her participation in the proceedings, prompted the prosecution to seek withdrawal of the charges under Section 87(a) of the Criminal Procedure Code before the trial commenced.

The court allowed the application, bringing the prosecution to an end and securing the musician's release.

In the legislator's case, however, the reconciliation did not immediately end the proceedings.

Instead, the prosecution opted to proceed with the lesser charge of misuse of a firearm despite the settlement between the parties and the MP's financial support for DJ Evolve's treatment and rehabilitation. The case proceeded to its logical conclusion, culminating in Owino's acquittal.

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Legal experts say the withdrawal of rape cases is not automatic, with prosecutors required to balance the interests of justice, the rights of victims and the available evidence before agreeing to terminate proceedings.

Lawyer Danstan Omari.

Photo credit: Francis Nderitu I Nation Media Group

Criminal lawyer Danstan Omari says rape is treated as a serious offence because it is not only a crime against an individual but also a matter of public interest.

"The DPP can refuse to withdraw a matter because rape is a public morality question and both the prosecution and the Directorate of Criminal Investigations have a duty to protect women," he says.

According to the lawyer, prosecutors may nevertheless agree to withdraw a rape case in limited circumstances and on a case-by-case basis.

One such instance is where the complainant initially consented to sex but withdrew that consent during the act before later deciding to forgive the accused and asking the prosecution to terminate the case.

"In this case, if the woman goes to the prosecution and says she has decided to withdraw the complaint, the prosecution can agree," he says.

Another consideration is whether the complainant is willing to testify in court, since rape cases largely depend on the victim's evidence.

"The prosecution can only prove the offence of rape if the complainant is ready to give evidence," he says.

Read: Survivors of Mohamed Al Fayed’s rape legacy recount their ordeal

He explains that where a complainant tells prosecutors she has forgiven the accused and will not testify even if compelled, the prosecution may conclude that securing a conviction is no longer possible and agree to withdraw the charges.

Omari also cites situations where the complainant and the accused later reconcile and enter into a committed relationship, including plans to marry, as circumstances that may leave prosecutors with little practical option but to discontinue the case.

He adds that pregnancy resulting from the alleged rape may also influence a complainant's decision, particularly where she believes maintaining the relationship would be in the best interests of the unborn child.

"Even though it started as rape, the complainant may go to the prosecution and say she is pregnant, the man has changed from being a perpetrator to a potential father, or the father of the unborn child who will take care of the child, and that she has forgiven him. The prosecution can agree to withdraw the charges," he says.

The advocate, however, draws a sharp distinction between rape and defilement cases, saying the law provides far less room for withdrawal where the victim is a child.

He argues that in defilement cases, medical evidence can be sufficient even where the child does not testify, meaning the case can still proceed.

He adds that no officer within the Office of the Director of Public Prosecutions, other than the Director of Public Prosecutions personally, has the authority to withdraw such a case.

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Even where both the prosecution and the complainant seek to terminate a rape case, Omari says the court still retains the discretion to reject the application

In practice, however, he says that proceeding with the trial becomes difficult if the complainant is unwilling to testify.

"The law says the complainant must testify and must be cross-examined," he says.

Without the complainant's testimony, he says, the court cannot simply rely on the statement recorded during investigations to convict an accused person, leaving little evidential basis on which the prosecution can proceed.

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bocharo@ke.nationmedia.com