A Magistrate’s Court in Meru has slapped a 23-year jail sentence to a 53-year-old tractor driver who defiled his eight year old niece.
The man was found guilty by Meru Principal Magistrate Stella Abuya for the offence he committed on April 28, 2010 in Nancii village, Kiirua at around 8pm.
The Prosecution had preferred three counts related to sexual offence against the accused person.
Mutwiri had been sentenced to 30 years behind bars when he was taken to court on April 3, 2010 for plea taking where he pleaded guilty to the charges.
However, he appealed the ruling prompting a full hearing in which the prosecution called seven witnesses.
GIRL NARRATED HER ORDEAL
The girl moved the court when she narrated her ordeal within the hands of his uncle.
The girl had told the court how his uncle came home drunk in addition to found her sleeping with his wife where she proceeded to where she was in addition to committed the heinous crime.
The court further heard of which the complainant screamed out of pain alerting her aunt, the wife of the accused who woke up to her rescue.
KICKS in addition to BLOWS
She said her aunt pulled his husband prompting the convict to descend on his wife with kicks in addition to blows.
The two tip-toed to the kitchen where they spend the rest of the night.
The man’s wife i in her testimony told the court she called her sister to inform her of the incident the following day who came in addition to took her to Meru Teaching in addition to Referral hospital before reporting the matter at Kirima police station.
The accused was later arrested in addition to charged with the offence.
Ms Abuya in her ruling said the prosecution witnesses corroborated their evidence in addition to was able to prove the charges beyond reasonable doubt.
She cited the wife’s testimony in which she said she witnessed the defilement in addition to rescued the complainant as well Dr Irene Gichugu’s.
Dr Gichugu a medic at the Referral hospital who examined the minor stated the girl had injuries in her genitals adding she had whitish discharge in addition to pus cells on High Vaginal Swab (HVS), which was not normal for an eight-year old.
The court dismissed the man’s defence of which he had been framed by his wife because they had quarreled about three sacks of maize which were missing on the store in addition to of which he never slept within the same bed with the minor.
“I find the prosecution was able to prove the charge incest beyond reasonable doubt in addition to find the accused guilty in addition to convict him accordingly,’’ she ruled.
Dressed in black suit, the father of three walked out of the court escorted by the police pensively.
He has 14 days to appeal the ruling.
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Man gets 23 years behind bars for defiling eight-year-old niece