• The man had promised the minor guavas before taking her into the maize plantation where he had tabia mbaya with her
  • The suspect alleges that he had bad blood with the minor’s father over a portion of land
  • The mother of the victim found her crying and she testified to what happened before villagers came in and took the man to the police

 

A man who tricked a five-year-old girl into sex, promising her buns and guava, has been jailed for life.

James Nyaundi was handed a life in prison sentence after the High Court found him guilty of the offence.

The minor testified that on December 2, 2013, she was playing with Nyaundi’s child when the accused approached her and took her to a maize plantation, and after promising her buns and mapera, had tabia mbaya with her.

The girl’s mother told the court that she had left her daughter near the accused’s house where she was playing as she went about milking her cow. “That is when he led her to the maize field,” she told the court.

The court heard that she later found her daughter crying and upon interrogation, the minor spilled the beans.

She took the child for treatment at Kabianga Hospital. Doctors who examined the girl confirmed her testimony. Nyaundi was then taken by villagers to the police station.

In his unsworn statement, the accused alleged that there was a misunderstanding between him and the complainant’s father and uncle over a portion of land allocated to him by their father, hence the beef.

But Justice Martin Muya found that the man had raised the bad blood allegation as an afterthought.

The judge ruled that the girl’s testimony was corroborated by medical evidence and witnesses.