Man beats hasty retreat after judge’s warning on case appeal

A man jailed 30 years for defiling his step daughter has dropped an appeal against the sentence after the judge cautioned that he could get a longer jail term.

The 58-year-old man was jailed in March 2018 after a lower court found him guilty of defiling the 15-year-old girl on April 22 and 29, 2017 at Posho Mill, Nakuru County.

He then lodged an appeal before the High Court in Nakuru arguing that the trial court was incompetent and that the age of the minor was not proved beyond reasonable doubt.

When the appeal came up for hearing on Monday, Justice Joel Ngugi cautioned the man that he could end up with an enhanced jail sentence.

“I would like to warn you, if in any chance the evidence adduced in the lower court proves that you committed the offence, your sentencing will be more than the one you’re serving now,” cautioned Justice Ngugi.

Earlier, Justice Ngugi had directed the prosecution to inform the man of what might transpire if his appeal failed.

The man then told the court that he was dropping the appeal, blaming his medication for not doing so earlier.

“I’m no longer interested, the court actually warned me during my last visit but I guess the drugs I was on had taken control of me,” he said.