• Vivian did not inform her aunt where she was going. She stayed with the appellant from July 5 to 11, 2013 and they had unprotected sex.
• Accused said he was married and that he used to work for Vivian’s mother who had refused to pay him and that as a result, he had taken three of her chickens.
The Court of Appeal has slashed a sentence imposed on a man convicted of defiling his girlfriend for six consecutive days.
Collins Kisivuli will serve 10 years behind bars instead of 15 for defiling and committing an indecent act with Vivian (not real name), a 17-year-old, in 2013.
In court, it was revealed that the appellant was a boyfriend to the complainant and that on July 5, 2013, at about 2pm, she left her home and travelled to Madzuu to see him.
Vivian did not inform her aunt where she was going. She stayed with the appellant from July 5 to 11, 2013. While there, they had unprotected sex daily.
In her aunt’s testimony, the student had left her home saying she was going to borrow some past examination papers for revision.
When she did not return, they went to look for Vivian at her friend’s home in Mahanga but did not find her there.
She was instead found in Kisivuli’s house while he was away working in a nearby secondary school. He was later arrested.
In the hospital, Vivian informed the clinical officer that she was to be married to the appellant and that she had sexual intercourse with the appellant throughout the period of her stay with him.
Kisivuli denied defiling Vivian and claimed he had been framed over an earlier disagreement.
“The appellant further stated that he was married and that he used to work for Vivian’s mother who had refused to pay him and that as a result, he had taken three of her chickens, which had led to his being framed for defilement,” the charges read.
Aggrieved by an earlier conviction and sentence by the High Court after the first appeal, Kisivuli moved to the Court of Appeal on the grounds that the judge erred in upholding the excessive sentence.
“The appellant complains that having regard to the circumstances of the case, the sentence was harsh and excessive,” papers read.
A three-bench judge of justices Jamila Mohammed, Agnes Murgor and Stephen Kairu reduced his sentence considering that his family depended on him.
Edited by Henry Makori