Man, 72 to serve 15 years imprisonment for defiling 15-year-old girl
- Jack Murima
- Posted on: 11th Feb 2019 00:00:00 GMT +0300
A 72-year-old man serving a 15-year jail term for defilement suffered a blow after the High Court dismissed his appeal.
Samuel Mulama was found guilty of defiling 15-year-old girl on February 6, 2014, at Ematua village in Matungu sub-county.
In his judgement read by Justice Jesse Njagi, Justice William Musyoka said Mulama’s appeal did not raise serious grounds to warrant quashing the conviction.
Justice Musyoka affirmed the findings of the trial court, which had found that the prosecution proved the case of defilement beyond reasonable doubt.
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The court heard that on the fateful day, the complainant had been sent to a nearby shop at 6pm when she met the accused who gave her a lift on his motorcycle.
However, Mulama was said to have taken the girl into a cane plantation and defiled her.
When she returned home, the complainant told her mother what had happened and her parent took her to Matungu sub-county hospital.
George Watila, a clinical officer, confirmed that the girl had been defiled.
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Senior Resident Magistrate Stephen Ng’etich observed that six prosecution witnesses gave corroborative evidence that was unshaken even during cross-examination by the accused.
Consequently, Mr Ng’etich handed him a jail term of 15 years.
Mulama appealed the sentence and conviction, saying the charges were fabricated and the language used in court was strange to him.
He further said there were contradictions and inconsistencies in the evidence adduced by the prosecution witnesses.
While dismissing the appeal, Justice Musyoka noted that during the trial, the appellant never complained that he did not understand Kiswahili.
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Justice Musyoka affirmed that Mulama sufficiently cross-examined the witnesses in Kiswahili, showing that he had good understanding of the language.
In another case, the High Court upheld a life sentence for man who defiled a girl aged seven.
Justice Njagi dismissed the appeal filed by Alisi Terewa, 32, saying the appeal lacked merit and that having being arrested at the scene, there was no doubt that the prosecution had proved its case to the required standards of proof.
Terewa was found guilty of defiling the girl on April 5, 2013, at Burundu village, Kakamega North sub-county.
On the material day, the court was told that the class three pupil was on her way to school when she met Terewa, who took her a nearby cane plantation and defiled her.
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Senior Resident Magistrate Maureen Nabibya sentenced him to life imprisonment, saying the evidence of six prosecution witnesses was incontrovertible.
Harsh and excessive
Terewa lodged an appeal at the High Court, saying the sentence was harsh and excessive. He claimed that tests were not conducted on him to establish if he was the one who committed the offence.
Justice Njagi maintained that there was no law requiring the prosecution to conduct medical tests on a sex offender.