Life sentence for a child defiler in Nyeri

Story by East Africa Standard Online 10th July 2012

A middle aged Nyeri farmer will remain behind bars for the rest of his life for defiling his neighbour’s eight-year-old daughter.

James Mahinda Wambugu buried his face in his palms when Nyeri Chief Magistrate Wilbroda Juma handed him the death sentence.

The offence was committed on December 20, 2010 at Kiandu village on the outskirts of Nyeri town in Tetu district.

The magistrate who listened to his case said she was convinced beyond doubt that the farmer lured the girl to the coffee plantation on the pretext that she was to pick some cattle fodder.

But the man grabbed the girl who was alone with her three siblings at home when she followed her into the coffee bush, tore off her clothes and lay her on the sack she was to put the fodder in.

Mrs Jumas said the Sexual Offences Act, 2006 provides for a mandatory life sentence for defilement of minors below 11 years.

“You were supposed to be a protector of the child but you turned against her. You are given a life sentence as the law provides,” said the magistrate.

The trail magistrate said the prosecution had proved the case against the accused beyond any reasonable doubt and that it appeared the accused had taken advantage of the absence of the complainant’s mother to exploit the innocent child.

The court also noted that the defence failed to challenge the allegation of defilement of the minor and that the complainant gave a graphic description which was clear and consistent.

“She knows the accused well as a neighbour… at eight years of age, I see no reason why the complainant would have given false testimony against him,” said the magistrate.

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