Man who defiled girl, gifted her jacket loses appeal

A 54-year-old man who defiled his neighbour’s daughter, 10, in Mpeketoni by luring her with a water melon and a jacket will serve a life sentence after the High Hourt dismissed his appeal.

Justice Lagat Korir in his judgment delivered on Monday said there were aggravating circumstances which proved Leornard Njuguna defiled the minor.

He said Njuguna was old enough to be the father if not grandfather of his victim. He was a trusted neighbour who lured her and exposed her to the risk of contracting HIV.

The judge said Njuguna robbed the minor of her innocence and, without remorse, told the court that it was not the first time she was having sex.

“Those to me are aggravating circumstances which the court must consider in sentencing,” the judge ruled.

Justice Korir considered that Njuguna was a first time offender and had stated before the court that he was 54 years old.

Njuguna had stated in mitigation that he had been framed by his neighbour and that he was an orphan and had one child.

But the judge said from the proceedings Njuguna never raised the issue of being framed.

"I would therefore dismiss the same, particularly because in my analysis of the evidence I found the case proved to the required legal standard," Korir said.

“In the end, having taken into consideration all circumstances, I find that there were aggravating circumstances in this case to warrant the imposition of the stiff sentence. I uphold the judgment and confirm the sentence. The appeal is dismissed.”

Njuguna was charged that on August 15, 2017 within Mpeketoni he defiled the Class Two girl and was handed a life sentence.

He appealed, arguing that the prosecution did not prove that the complainant was defiled and that the trial magistrate failed to rely on the documentary medical evidence adduced by the doctor.

 The victim testified that she was in the farm guarding crops from wildlife together with other children when Njuguna called them from the road and gave them melons, which they ate.

She told court that Njuguna told the other children to go outside his house while he took her into his house defiled her.

She said the accused warned her not to tell anyone.

Thereafter she went back to the farm to guard the crops. She said the appellant gave her a black jacket which she kept and did not tell anyone about the incident.

The complainant told the court that her mother later found the jacket and when she inquired whose it was, she informed her that Njuguna had given it to her as a gift.

She later told her mother all that Njuguna had done to her.

She went to the police with her parents and was later taken to hospital where she was examined.

Musyoka Kisilu, a clinical officer, stated that the complainant’s genitalia was examined and it was found that her hymen was broken but there were no lacerations or discharge. It was his opinion that the girl may have engaged in sex several times before.