- The sentencing came after court prosecutor Violet Kerubo called several witnesses and successfully prosecuted the case.
- While sentencing him to jail, Kahuya noted that she had considered both his mitigation and his defence.
Image: CLAUSE MASIKA
A man who defiled a girl aged 13 years in Kawangware has been jailed for 25 years.
OR was sent behind bars by Kibera Senior Principal Magistrate Irene Kahuya after the prosecution successfully proved the case against him.
The sentencing came after court prosecutor Violet Kerubo called several witnesses and successfully prosecuted the case.
While sentencing him to jail, Kahuya noted that she had considered both his mitigation and his defence.
“Having considered both the defence and the prosecution case, there is no doubt that the accused person committed the offence. The subject involved was a minor and the accused person’s defence does not add water to the same, he is hence sentenced to 25 years in jail, right of appeal within 14 days,” said the magistrate
Court prosecutor Kerubo had called several witnesses including the minor who testified in the case.
Before the sentencing, Kerubo noted that the accused person was a first-time offender but called for a tough sentence.
The accused person had been accused that on diverse dates between November 18 and November 20 at Kawangware in Dagoretti within Nairobi County defiled PO contrary to section 8(1) and 8(2) for the sexual offences act.
He was also charged with the second count of committing an indecent act with the minor contrary to the law.
He denied both the charges during the plea taking stage and was released on Sh 300, 000 bonds.
While testifying in court, the girl said that the accused person would give her gifts and Sh 100 before sleeping with her.
She said that at some point, the accused person threatened her and warned her not to reveal it to anyone.
“He warned me not to reveal to anyone. He said that if I dared to do so, I would face dire consequences, I later reported to my mother,” she told the court.
The minor’s mother played a key role during the trial where she testified on what transpired.
“I had asked her why she did not go to school and because she was afraid she ran and spent the night at her 21-year-old boyfriend’s house where he defiled her,” she said.
She said that they then reported the matter to the police at Muthangari and the accused person was later arrested, the minor was taken to the hospital and was treated and discharged.
Medical experts and the investigating officers testified in court and linked the accused person to the offence.
The accused person placed a spirited defense which was dismissed by the court.