Man jailed 15 years for defiling girl, 14
A bicycle mechanic who defiled a 14-year-old girl will spend 15 years in jail, a court has ruled.
Bernard Litokho Makacha had previously been handed 20 years by a lower magistrate's court, but the High Court in Kakamega has resided the sentence.
Judge Jesse Njagi in his ruling said Makacha was recognized by two witnesses who placed him at the scene of the crime.
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Makacha, on May 7, 2014, defiled the girl identified in court papers as MN at Lujumbe Village, Butere Sub-county, after threatening to slit her throat with a knife.
On an alternative count, Makach was also found guilty of committing indecent acts with a minor that included caressing her genitalia.
The court heard that Makacha who operated a bicycle repair kiosk near the minor's house, broke a window and stormed the house at night.
The girl had fallen asleep on a sofa while doing an assignment. He grabbed her and threatened her with the knife before starting to defile her.
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The minor's sister who is aged 10 was asleep in the bedroom. She was awoken by the loud bang and when she went to the living room, she said she identified Makacha.
Makacha hit her too and ordered her to go back to sleep. After he was done, he vanished. In the morning, the minor's uncle took her to Bukura Heath Center before reporting the matter to police at Butere Police Station.
Makacha was later arrested. The lower court noted that the evidence was overwhelming and convicted Makacha to 20 years.
Aggrieved with the sentence, Makacha lodged an appeal saying his trial was marred with contradictory evidence which was not corroborated.
Justice Njagi dismissed the appeal but lowered the sentence to 15 years. Makacha has two weeks to appeal at the Court of Appeal.
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RapeDefilementBernard Litokho Makacha