It is life in jail for Meru resident who defiled nine-year-old

The court found him guilty of defiling a nine year old girl.

On Christmas day in 2007 at around 2pm in Nkubu Meru County, James Mwembia went to his neighbour Ezra (not his real name) and asked him to allow him send his nine-year-old daughter Dorcas (not her real name) to the shop.

Considering the request reasonable, Ezra agreed and Mwembia and the child left together.

When they got to the house, located about 70 meters from Ezra’s home, Mwembia dragged the little girl into his house, located the door and proceeded to defile her.

Dorcas cried out for help and her father heard the cries and sent Dorcas’ sister Maureen (not her real name) to find out what was happening.

When Maureen got to Mwembia’s house and called out to him she got no reply.

She then entered the house and saw her sister laying on the bed crying with Mwembia on top of her. She cried out and retreated in confusion.

Upon hearing the noise, Ezra rushed to Mwembia’s house where he found his daughter on the bed crying, while the man stood beside the bed with his trousers lowered. Ezra rushed his child while Mwembia took the opportunity to flee.

The distraught father then reported the matter to Nkubu Police Station and took Dorcas to Nkubu Hospital where she was examined by Seberina Kaimatheri.

The doctor found bruises on the minor’s upper vaginal wall and the hymen was perforated.

Mwembia was eventually arrested and arraigned in court where he claimed to have a feud with Dorcas’ family saying they plotted to make up the allegations in order to punish Mwembia’s family.

The court was, however, not convinced and the judge found him guilty of defilement and sentenced him to life imprisonment.

Mwembia appealed the decision, on grounds that the court only relied on witness testimony from the family and failed to call the arresting and investigating officers to testify.

His appeal was however, dismissed by Nyeri Court of Appeal Judges Erastus Githinji, Wanjiru Karanja and Patrick Kiage.

Giving their ruling on December 21, 2016, they said the lower court had determined that the witnesses were truthful and the evidence they gave consistent.