Rape convict loses appeal against life sentence

A man jailed for life for defiling a 10-year-old girl in Siaya has lost his appeal.

Siaya magistrate court convicted Paul Ngesa for defiling the girl in Kagilo sub-location, Gem sub-county. He was aggrieved by the conviction and appealed to the High Court.

The court heard that on April 21, 2014, the girl was sent to go and tether their goats when the suspect attacked her while armed with a panga, forcibly undressed and defiled her.

The appellant cited contradictions in the P3 form where the case was reported on April 23, 2014, whereas the incident allegedly took place on April 21, 2014.

In his unsworn statement, Ngesa said on May 14, 2014, he was in his house when the police stormed in around 9pm and arrested him over an unknown offence.

Judge Aaron Makau argued that failure to have the appellant taken to court within 24 hours was not explained nor did the appellant raise the issue with the trial court.

He upheld the sentence.