A High Court in Nakuru has confirmed a life imprisonment sentence imposed on two elderly men accused of defiling a minor.
Tom Mungai, 83, and Mureithi Ngari, 88, had appealed against their conviction for defiling a 10-year-old girl on different dates in 2014 at Tangi Tano village in Gilgil, Nakuru County.
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Particulars of the offence indicated that Mungai defiled the minor on November 16, while Ngari committed the offence on November 14, 2014.
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 prosecution called eight witnesses.
The minor, in her testimony, told the court 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, he gave her ugali and beef stew. After the meal, the man released her to go home.
The following day, having gained the trust of the child, the girl said he called her to his house again. This time, he gave her carrots to eat.
The court heard that 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, where he defiled her.
Her teacher informed the court that she met the minor at Tangi Tano Trading centre and questioned what she was doing there. The girl said she was there to meet Mungai in order to make arrangements on how they would meet at the weekend.
The teacher said on further questioning, the child revealed she had been defiled by the two men.
The teacher reported the matter to Tangi Tano Administration Police Post.
Dr Thomas Matara, in his testimony, informed the court that he examined the minor at Nakuru Provincial General Hospital and noted the child’s genitalia was swollen and her private parts inflamed and hymen freshly broken.
Both men 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 of defiling the minor. They were each sentenced to serve life imprisonment.
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Being aggrieved with 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.
The court, however, termed the denial strange, given that they had been identified by the minor.
“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 was unable to function sexually.
The court noted that the identification of the two was clear and positive. The two, according to the judge, 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.