By Renson Mnyamwezi
A farmhand will serve 20 years imprisonment for defiling a primary school pupil in Taita-Taveta County.
Robert Mwadime Maghanga who had earlier denied the charge before the Wundanyi acting Principal Magistrate Isaac Orenge was found guilty of the offense and convicted.
The accused was charged that on the diverse dates between February 8 and February 12 this year at Kidaya Ngerenyi village in Mwatate district intentionally and unlawfully defiled the 13 year-old Kungu Primary School pupil.
He also faced an alternative charge of committing an indecent act with a child contrary to section 11(1) of the Sexual Offenses Act No. 3 of 2006.Prosecution was led by Chief Inspector Sammy Ombogo.
The complainant told the court that she met the accused who persuaded her to have sex with her at the bush. “The accused gave me Sh 50 as an inducement not to report the matter,” the court heard.
The complainant’s uncle William Mwangura who was cutting nappier grass told the court that he saw the girl emerging from the bush.
The prosecution witness said he also saw the accused hiding in the bush and confronted him.
“I found used condoms and packet containing unused ones at the scene. The complainant confided to me that she had been defiled by the accused,” Mr Mwangura told the court.
The court heard that the matter was later reported to the school and police station and the complainant taken to the hospital for medical examination by her mother where she was confirmed to have been defiled. The prosecution told the court that the accused defiled the complainant while still employed by her mother as farmhand on two separate occasions.
On cross examination the accused told the court that he had been brought to court so that he could not claim his money due to him.
“I have considered the evidence on record the complainant told the court that she was defiled by the accused. The accused gave her money not to report and the condoms were produced as exhibits before court. The complainant is a minor and had no capacity to consent to sex as required to in law,” said the magistrate.
“I find the prosecution witness consistent and corroborative and the prosecutor proved his case as required in law,” added Mr Orenge. In mitigation the accused said he had a family which depends on him and prayed for leniency of the court.
“The mitigation is considered but the offense committed is serious. The law provides for only custodial sentence. The offender will be sent to prison for 20 years,” said the magistrate in his ruling. The accused was 14 days to appeal against the sentence
