GUILTY AS CHARGED

Man who lied in court he is impotent gets 10 years for defilement

Girl's friends disclosed to the father that the man used to fondle her breasts

In Summary
  • The man said he was a father of three yet he had never had sex with his wife.
  • The construction worker denied committing the offence, claiming that the girl’s mother had framed him for not sharing Sh50,000 merry-go-round cash.
Simon Ngungi at a Makadara law court
Simon Ngungi at a Makadara law court
Image: CORAZON WAFULA

 

Man who lied to a Nairobi court that he is impotent will spend the next 10 years in prison for defiling his friend's daughter.

Simon Ngugi had told Makadara resident magistrate Eva Kanyiri that he was born impotent yet he has three children with his wife.

Ngugi was convicted of defiling his friend's 14-year-old daughter on August 3, 2016.

The 37-year-old construction worker, who was known to the minor, had visited the family. He regularly did repair jobs for the family. 

He found the girl alone and told her that he had come to collect some pieces of wood from the house.

The prosecution said Ngugi went to the girl's room from where he called her to join him. He thereafter forced himself on her.

A month later, she narrated to her friends what had happened. The friends reported to the father what the girl had told them and that they had also seen Ngugi touching his daughter’s breasts whenever he visited in the parents’ absence.

Ngugi, who denied committing the offence, claimed that the girl’s mother had framed him for not sharing Sh50,000 he allegedly received from a merry-go-round.

He said the mother asked him for the Sh50,000 so that the matter could be settled out of court but he refused.

 

Ngugi said that on the day he is said to have committed the offence, he was in Gatundu until August 7 mourning the death of his mother.

He maintained that he was born impotent and that although he was married with three children, he has never had sex with his wife.

Magistrate Kanyiri said in her ruling: “I am satisfied that indeed there was penetration…the prosecution has proved that the accused was responsible for the sexual assault on the complainant."

She said it was clear that Ngugi could have sexual intercourse and had defiled the minor notwithstanding his claim that he is impotent.

She noted that he had told the court he was a father of three. "It is clear from his own testimony that he is able to have sexual intercourse,” Kanyiri said and jailed him for 10 years.

 

– mwaniki fm

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