• Njagi John alias Ngai Magati was charged with defiling a 10-year-old in 2010 when he was aged 80.
• He was arrested in February 2011 and has been in custody since after all his appeal failed. His sentence was revised and he will now serve his term at home.
Image: FILE
A 90-year-old man jailed for life for defilement will finish his term at home after a court revised his sentence.
Njagi John alias Ngai Magati has been in prison since 2011 but was on November 8 allowed a noncustodial sentence due to his advanced age. He had exhausted all appeal avenues.
John was charged, in the chief magistrate’s court at Embu, with one count of defilement and another count of committing an indecent act with a child.
Court documents said that on December 21, 2010, at around 2pm, the complainant, a 10-year-old and her younger sister were on their way to Mbuvori to visit their grandfather.
On the way, they saw their neighbour ‘Ngai’ behind them. He approached and held the complainant's mouth and dragged her to his house, then locked her there.
The 10-year-old said Ngai undressed her and defiled her several times. Afterwards, she wore her clothes and went home.
When her grandfather came home, she reported to him what had happened. She told him that she was in a lot of pain.
She was first taken to Karau Health Centre then Kianjokoma Hospital and Embu Provincial General Hospital for treatment and examination before reporting the matter to the police.
Dr Stephen Mwangi testified that he examined the child on December 23, 2010, and observed that she had bruises on her private parts consistent with sexual abuse. In his opinion, she had been sexually assaulted.
John denied the charge saying he was framed. His wife testified that her husband did not commit the offence. That he was not at home that day.
She, however, admitted she could not know where he had gone as she was not with him.
The court found him guilty and sentenced him to life imprisonment. John tried to appeal but failed.
On August 9, John filed for a remission of the sentence. He admitted that he was satisfied with his conviction but pleaded for a lower term because of his advanced age and poor health.
“I have been in custody since my arrest on February 23, 2011, to date and deeply regrets my actions. I am a first time offender and pray that this court should grant me a remission,” he said.
He further said that he requires constant medication and care because he is diabetic and suffers from high blood pressure.
Justice Florence Mucheni said while condemnation for offences with prescribed minimum sentences in cases like sexual offences is appropriate, it is important to consider the aspects of each case.
“A sexual assault at a tender age tends to affect one’s life for a long time. However, I note that the defilement here was achieved by means of deceit rather than violence,” she said.
She added, “I am of the view that a life imprisonment sentence in the circumstances of this case is excessive. Due to the advanced age of the applicant, I hereby find that a noncustodial sentence would be appropriate in the circumstances subject to suitability.”
The judge ordered for a home inquiry report to be submitted in court within a week before John could be released from prison.