Woman serving 25 for defilement appeals sentence

A woman sentenced to 25 years imprisonment after she was found guilty of defiling a 17-year-old boy has appealed her conviction and sentence claiming to have met the victim in a bar.

In her submissions, Alice Nyota told the appellate Judge Jesse Njagi that the sentence handed to her was harsh and excessive.

She argues that the trial magistrate never considered her defence that the two were in love and that she never suspected that he was underage.

Nyota was handed the sentence on December 11, 2014 by Chief Magistrate Susan Shitubi, who said the prosecution had proven its case beyond the required standards of proof.

She was found to have defiled the Class Eight boy between May 6 and June 26, 2013 at her Maraba home, Kakamega Central District where they were staying.

The appellant wants the court to quash her conviction and set aside the sentence, saying the complainant appeared a grown up.

Approximation

Nyota further argued that the trial magistrate relied on approximation of the age of the complainant, whose age ranged from 17 to 18 years.

The appellant who was a commercial sex worker met the complainant at a club where she enticed him to escort her to her house.

“I did not realise the complainant was a minor. I expected that only adults are allowed in such joints,” Nyota said.

State counsel Samson Ng’etich however opposed the appeal, saying the prosecution established all ingredients of the offence of defilement against her.

“In law, a 17-year-old cannot in any way give consent to intercourse. Since the two stayed in the same house for over a month, she ought to have known the complainant was a minor through his conduct,” said the state attorney.

Justice Njagi slated the judgement for July 26.