Former magistrate Jaco Kennedy is again applying for bail in the Windhoek High Court based on new facts.

His lawyer Boris Isaacks indicated they will lodge their new bail hearing tomorrow before High Court acting Judge Kobus Miller.

Kennedy is charged with two rape counts: one between Katutura and Windhoek Central hospitals and another in Khomasdal’s Otjomuise area while he was out on bail on the first rape count. In the first incident, Kennedy is charged alongside his cousin Ray Cloete (31) for allegedly raping a 43-year-old woman between the Windhoek Central Hospital and Katutura Hospital, whom they had offered a lift in January 2015. It is alleged the two took turns raping the woman. 

A security guard stationed in the vicinity witnessed the rape and informed the police. 

According to the police officers who arrived at the scene, they found Kennedy half-dressed on top of the complainant, and Cloete naked.

Kennedy, however, denied he had intercourse with the complainant, but he did say he and Cloete had a sexual conversation with her and he gave her N$200 to have sex with them.

Kennedy and Cloete were granted bail of N$3 000 in the magistrate court on that charge.

Kennedy was re-arrested for allegedly raping a 20-year-old woman in the early morning hours of 31 December 2017.

He is disputing the allegation, saying he never gave anyone a lift anywhere on that morning nor does he know the complainant.

The complainant, however, testified in opposition to bail in the magistrate’s court that Kennedy raped her after he offered her a lift to her workplace. - rrouth@nepc.com.na