Man jailed 40 years for defiling his 9-year-old niece

A 22-year-old man has been sentenced to 40 years in jail for defiling his niece.

Nyeri Senior Principal Magistrate Faith Munyi on Wednesday convicted Paul Murithi Wanjohi for incest.

Murithi was accused that on November 22, 2023, at Kiamuiru village in Nyeri County he defiled DWN, a girl aged 9. He faced an alternative charge of indecent act contrary to section 11(1)of the Sexual Offences Act of 2006.

According to the charge sheet Murithi, on the material day, intentionally touched the private parts of the said girl.

The prosecution lined up six witnesses to testify, including the minor. She told the court that on the morning of November 22, 2023, she was washing her brother’s pair of shoes when the accused held her hand and led her to his house.

"He locked the door and placed me on his bed facing upwards before he removed his trousers and my panties, and then started touching my private parts before he defiled me. I was feeling pain and started crying, but he told me to keep quiet. He opened the door and let me go with a warning that I should not tell anyone. He threatened to kill me if I disclose," the girl testified.

The minor told the court that the accused gave her 20 bob to buy a cake from Mama Caleb.

The girl told the court that Murithi had defiled her three times.

The second time was on a Tuesday when the accused called her to his house, and started touching her private parts with his hands.

"On Wednesday, he found me playing with my two-year-old brother at our home when my mother had gone to work and he took me inside the house. He removed my clothes and defiled me. He also touched my private parts with his hands and warned me not to tell anyone,” she said

“The same day he took me to his house and repeated the same, but my mother had returned home and was looking for me. She came to my uncle’s house and asked him if he has seen me but he said no," the girl testified.

She told the court that the accused instructed her to leave and hide behind the house and lie to her mother that she had gone to look for firewood.

The girl testified that she went to Mama Karis, a salon attendant nearby, and narrated the ordeal.

Mama Karis informed the minor’s mother about the incident, and they reported the matter to the police before being taken for treatment to Nyeri County referral hospital.

She said she was examined, treated  and given some medication.

On cross-examination, she pointed to the accused, referring to him as Murithi, her uncle, a brother to her mother who lives in Kiamuiru not far away from their home.

The minor’s mother testified that on November 22, 2023, at around 2.00 pm, she came back home from work and did not find her daughter DWN, aged 9. She said she started looking for her and even went to the accused’s house but did not find her.

Later, she said her daughter showed up and told her she had gone to fetch firewood.

"I learnt from Mama Karis, who called on my phone to inform me about what had happened to my daughter. We reported the matter to Gatitu police post before we proceeded to Nyeri County Referral Hospital, where it was confirmed that my daughter was defiled and she was treated and given medication to take for two months," the mother testified.

Dr Diana Ondiek from Nyeri County Referral Hospital testified that, according to the P3 form and the PRC form, the 9-year-old girl revealed that she was defiled several times.

"Some lacerations were noted at the vaginal orifice and the hymen was not freshly broken," the doctor said.

Cyrus Mwangi, a clinical officer based in the same hospital, testified that according to records, the girl was born on September 12, 2014, and the uncle was approximately 22 years old.

He told the court that a girl's hymen can be broken by trauma through sexual intercourse.

"It was evident that lacerations were fresh there was an old, broken hymen," Mwangi testified.

In her judgement, the Senior Principal Magistrate observed that according to section 20 (1) Sexual Offences Act, any male who commits an indecent act or act which causes penetration with a female person who is a daughter, granddaughter, sister, mother, niece, aunt or grandmother is guilty of the offence of incest.

"From the evidence on record, the accused is the uncle. The birth certificate of the minor revealed that she was born on November 22, 2023, and at the time of the incident, she was eight years and nine months. The minor identified the accused as Murithi. Although the accused denied the charge, saying that he was fixed, the evidence in court corroborated and was consistent," the magistrate noted.

"I find the prosecution has proven its case beyond reasonable doubt. The accused is found guilty of incest and convicted under section 215 of the Criminal Procedure Code," Munyi ruled.

"I have carefully considered the mitigation of the offender, the nature and circumstances of the offence and sentenced the accused under section 2 of the Sexual Offences Act. I have considered the prevalence of defilement cases, which are seriously held in contempt by society.

The accused is sentenced to serve 40 years imprisonment with effect from November 11, 2023," she ruled.

The accused was granted 14 days right of appeal.