• Medical report presented by psychiatrist opined that Kamau was suffering from schizophrenia 'triggered by cannabis and muguka abuse'.
• He submits that he is undergoing treatment at Mathare Mental Hospital, argues that the magistrate was unduly influenced by the original plea.
Image: COURTESY
A man found guilty of defilement will now spend 27 more years in prison after a Murang’a court reduced his life sentence to 30 years.
Justice Kanyi Kimondo on March 26 upheld the conviction of Shadrack Kamau but instead sentenced him to 30 years from 2017 - the year he was convicted.
Kamau was found guilty of defiling TW, a two-year-old child, and MW, aged six, in Kandara, Murang’a county in December 2015. He had initially pleaded guilty but later withdrew his plea and denied the accusations.
Kamau, through his lawyer, argued that the conviction was wrong as he had not been properly identified. He also claimed that the evidence of key witnesses was riddled with inconsistencies.
He submitted that he was undergoing treatment at Mathare Mental Hospital and argued that the magistrate was unduly influenced by the original plea.
On May 26, 2016, a medical report presented by psychiatrist Ngugi Gatere opined that Kamau was suffering from schizophrenia "triggered by cannabis and muguka abuse".
However, he concluded that the appellant was now mentally fit to stand trial but would require some medication. The record shows that the appellant participated fully at his trial and cross-examined all witnesses.
Justice Kimondo dismissed the appeal.
“I accordingly set aside the life sentence. The appellant shall now serve a term of 30 years. For the avoidance of doubt, the new sentence shall run from September 8, 2017".
A witness said he caught him just after he had finished defiling the second victim inside a maize plantation.
“I met face to face with Kamau. He had opened his trousers and was holding it at the waist,” the witness told the court.
Another witness told the court that she was returning from her farm carrying some animal feed. She became suspicious when she met with Kamau holding the hands of two minors.
“When I asked him, Kamau told me that the children were his friends and they were playing together,” she testified.
Her fears were confirmed when she turned back and heard that Kamau wanted to defile the minors and she started screaming.
Kamau’s brother who also testified in the case said he was alerted by the screams and went to the scene where he found the convict and TW.
“I beat him up seriously and knowing Kamau’s previous conduct, I asked that the minors be examined to confirm if they had been defiled,” he told the court.
TW’s grandmother examined the minor at the scene and confirmed that she had been defiled.
MW said Kamau had defiled her before taking TW with him into the maize plantation. She said the convict put her on the ground, held her by the hands and defiled her.
"While he defiled me, TW was on the road. Then he threw TW into the maize. He did that to me first and I went home. I felt pain," she told the court.
A doctor only identified as Gichane confirmed that both victims had been defiled. The doctor also found minor lacerations TW’s private parts with sperm, pus and blood.
Edited by R.Wamochie