Though rape victims are normally protected and their names should not be published, Mandaza went public denying that she had been raped by Magaya.
She is also refusing to testify for the State and is suing Prosecutor General- Ray Goba, for dragging her to court when she is no longer a complainant.
Magaya argued that his constitutional rights were being infringed upon by trying him when the complaint had confessed that she was not raped.
Justice Tsanga, however, said there was nothing unconstitutional about the State proceeding with the trial on the basis of a reasonable suspicion that a crime had been committed, according to the Chronicle.
She said whether or not his constitutional rights have been or are being violated can only be properly assessed once this court has heard the State case against him from the evidence.
Magaya is accused of raping Mandaza in 2015.