By Wahome Thuku

Former Java Coffee House Managing Director John Cardon Wagner has been sentenced to 15 years in jail.

Sex pest John Wagner awaits transport to prison after he was sentenced for 15 years.

The American who came to Kenya 18 years ago was found guilty of defiling three girls aged between 13 and 14 years at his Lavington home, last year. His two co-accused, Judy Nyaguthii and Faith Nyawira, were sentenced to 10 years each for exposing the girls to prostitution.

Despite wrangles in the prosecution, consistent evidence by the three minors led to the convictions.

Senior Principal Magistrate Teresia Ngugi said despite the hostile cross-examination by defence lawyers, the minors’ evidence remained unshaken.

Wagner faced four counts of defilement. However, the magistrate only said he was to serve 15 years without specifying whether the sentence was for all or each of counts.

Ngugi further rejected an application by Wagner’s lawyer Mohammed Nyaoga to have him released on bail pending appeal, citing the seriousness of the charges. Nyaoga said his client intended to use the full judicial process to clear his name.

He said Wagner, who had been out on Sh400,000 bond, was ready to comply with all the terms set by the court. The girls dropped out of schools in their rural homes and travelled to Nairobi where they linked up with Nyaguthii and Nyawira. The two women helped them to secure accommodation.

They would later take them to Wagner, who drugged and defiled them. The children said the women bought them clothes and other gifts to silence them.

Twenty-five witnesses were called to testify, including a father and a grandmother of two of the minors. The State closed their case in January and the accused were put on their defence.

Wagner called five witnesses, including his father, to testify on his movements on the material days.

Defence lawyers raised issues of improper identification at the police station, the nature of charges, and media publicity.

The convict’s father, Mr Gordon Wagner, with lawyer Ian Maina follow proceedings. Photos: Evans Habil/Standard

Wagner had said he had employed hundreds of workers in his chain of businesses and had never been accused of harassment or indecency.

The court dismissed evidence produced by Wagner’s witnesses, saying they either had emotional attachment or economic interest in Wagner’s freedom. The magistrate ruled that the identification of the three accused was properly done.

In mitigation, through lawyer Gakoi Maina, the two women pleaded for non-custodial sentence saying they were single mothers. Wagner also said he was a single parent of a 13-year-old boy with whom he lives in Nairobi. They were given 14 days to appeal.