- While dismissing his appeal, Justice Lawrence Mugambi said he would not interfere with the conviction and sentence of John Gitari Turi.
- Justice Mugambi said the prosecution had proved beyond reasonable doubt that Turi defiled the minor.
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The High Court in Embu has upheld a 25-year jail term that was meted to a man who defiled a six-year-old child in 2017.
While dismissing his appeal, Justice Lawrence Mugambi said he would not interfere with the conviction and sentence of John Gitari Turi.
Justice Mugambi said the prosecution had proved beyond reasonable doubt that Turi defiled the minor.
“In view of the foregoing reasons, I find nothing to warrant interfering with the conviction of the appellant by the trial court. The offence against him was proved beyond any reasonable doubt,” he ruled.
The court dismissed the arguments by Turi that the sentence was excessive, saying it did not see any tangible reason to interfere with the term.
“Defilement is a serious crime. To take away the innocence of such a young girl (6 years of age) is reprehensible and the punishment meted must be proportionate to the nature of the offence committed,” the court held.
The judge also dismissed the defence by Turi that he was framed by the child because, prior to that day, she had claimed that he hit her with a mango.
He had also claimed that he did not remember anything that happened on that particular day saying he was only shocked to be arrested the next day for defiling the girl.
However, the victim who was a minor at the time had testified before court with her twin brother who was with her when she was defiled and they both confirmed that he indeed molested her.
The court heard that on that day their mother sent the twins to a nearby posho mill at around 8 pm and on their way back the victim decided to climb a mango tree and pluck some mangoes.
It was the twins evidence that immediately she climbed up, Turi came and chased the brother who ran and hid nearby and when the girl came down that’s when he defiled her.
“The complainant told the trial court that the appellant asked her if she was feeling any pain and she affirmed. He then rose and walked away towards C’s home. By that time, her brother had vanished,” the judgement reads.
She followed her brother and they went home but did not tell their mother until the next morning while preparing them for school is when the brother told the mother he saw a man who they identified as Turi defile his sister.
The mother then rushed her to hospital and reported matter to police which led to the arrest of Turi.
The judge also noted that the defence of being framed by the victim did not hold any water because it’s her brother who told their mother and not the girl, so she was not vengeful as he claimed.