Two senior citizens have lost an appeal against a life imprisonment sentence handed to them over defilement.
The High Court in Nakuru confirmed the life sentence imprisonment imposed on Tom Mungai and Mureithi Ngari 83 and 88 respectively.
The two allegedly in 2015 at Tangi Tano village in Gilgil Nakuru County intentionally and unlawfully defiled a 10 year old.
Particulars of the offence indicated that Mungai defiled the minor on November 16 while Ngari committed the offence on November 14. In addition to the defilement charge the two faced an alternative count of committing an indecent act with a child offences they both denied.
The minor in her testimony informed the court that she met Mungai on November 16, 2014 and he lured her to his house by promising to give her meat. The child said she accompanied the man to his house and once there the man gave her a meal of ugali and beef stew.
After the meal the man released the minor to go home, however the following day having gained the trust of the child he called her to his house again. This time he gave her carrots to eat.
Mungai thereafter told the minor to climb on his bed, undressed and defiled her. The minor further informed the court that she met Mureithi (second accused) while on her way from school, the man asked her to go with him to his house- the child obliged and upon arrival the old man defiled her.
Dr Thomas Matara , a witness in his testimony informed the court that he examined the minor at Nakuru Provincial General Hospital and upon examination noted that the child’s genitalia was swollen and her private parts inflamed and hymen freshly broken.
At the closure of the case both were found to have a case to answer and each placed on his defence. They gave sworn evidence and denied having committed the offence. On April 9, 2015 the trial court delivered its judgment in which both men were convicted for defiling the minor, they were sentenced to serve life imprisonment each.
Being aggrieved of the sentence they filed an appeal at the High Court. During the hearing of the appeal Mungai denied knowing the minor and having defiled her.
“I dismiss the defence as a mere denial, why would a complainant, a young child identify the first appellant (Mungai) if he was not one of the men who had defiled her? She had nothing to gain by doing so,” read part of the judgment by the High Court Judge Justice Maureen Odero.
Mureithi also denied having ever seen the minor before. He further informed the court that he is unable to function sexually.
The court noted that the identification made on the two was clear and positive. The two according to the court were rightfully convicted.
“I am satisfied that there has been a clear positive and reliable identification of the first and second appellant as the men who defiled the minor on different dates. I find that each appellant was properly convicted and I uphold the conviction of each on the main charge,” stated justice Odero.
“Therefore the sentence imposed upon the two was lawful and I do confirm those sentences,” concluded the judge
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