Man who defiled pregnant teen to serve 10 years

Seventeen-year-old CNM was in the house with her siblings on the night of July 6, 2020, when she heard a commotion at the door.

Curiously, she peeped through the window to see a man whom she immediately recognised as Ayub Wafula Jonah, walking with a limp.

CNM, at the time a Form 3 student, had attended primary school with Wafula before he dropped out at Std 4.

At the time, CNM was pregnant and feeling unsettled by the presence of the man outside their compound, she went to her parents' house and reported.

After searching for the intruder in vain, the parents assured their daughter that there was nothing to be afraid of and returned to the house.

As the clock ticked and it began raining, the family settled for the night not knowing that Wafula was still within their compound.

The rain forced him to take advantage of a window that had not been locked to access the house, where he got hold of CNM and warned her siblings to raise an alarm.

The man went ahead to defile her not caring that she was heavy with a child from an earlier sexual assault.

When morning came, CNM sought medical aid and the matter was reported to the police.

Wafula was arrested and arraigned at Kitale Chief Magistrates Court.

He was charged with defilement and after hearing, he was found guilty, convicted and sentenced to serve 10 years' imprisonment.

The judgement delivered on March 4, 2021, aggrieved him, which is why he appealed at the High Court at Kitale.

Appearing before Judge Anthony Mrima, Wafula argued that the prosecution had failed to discharge their burden of proof to the required standard.

He accused the trial Court of placing an unsafe conviction pegged on insufficient, contradictory and scanty evidence.

He asked the court to quash the conviction and set aside the sentence imposed on him.

Judge Mrima reviewed the case and found that the issue of penetration and defilement had been proved, by testimony from the doctor who examined CNM.

He noted the presence of many epithelial cells - thin, continuous, protective layer which creates a membrane- inside CNM's vagina which was evidence of penile penetration.

The girl's age was corroborated by a birth certificate and her pregnancy by laboratory examination that proved numerous pus cells and that she was pregnant.

Judge Mrima also found that Wafula's identity had been established as CNM had seen him before the attack and during the attack.

"Given the way the events occurred in the fateful night, this Court is satisfied that the complainant (CNM) was able to recognize the assailant as the Appellant (Wafula) without error," the court papers read.

In the Court's decision dated October 19, Judge Mrima emphasised that the offence of defilement is serious and "indeed inhumane".

He went on to state that there was nothing placed before the court to the effect that the sentencing was harsh and excessive.

"The sentence is lawful and fair in the circumstances. As a result, the appeal on sentence equally fails and is hereby dismissed," the judge ruled.

Wafula will serve the 10 years meted by the trial court for defiling CNM.