On April 14, 2004 in Nanyuki town, Thomas Mwambu, called Jackline and Susan (not their real names) to his house where he asked them to sit on his lap.
He then proceeded to put his fingers in Jackline’s private parts, before carrying her to his bed where he defiled her. She attempted to scream out in pain but he covered her mouth and threatened to kill her.
Susan watched the ordeal in horror before she ran out of Mwambu’s house to report the matter to her mother Martha (not her real name).
The two rushed back to Mwambu’s house in the hope of rescuing Jackline, only to meet with her limping home in pain.
All three reported the matter to Nanyuki Police Station where they were issued with a P3 form and referred to Nanyuki District Hospital.
The two children were examined by Clinical Officer Geoffrey Mwirichia, who detected no injuries on Susan save for an infection whose cause he could not determine.
While Jackline had bruises on her external genitalia and an infection, no blood or discharge was detected and her hymen was intact.
Mwambu was arrested and when he was examined, a sexually transmitted infection was detected in his urine sample.
He was charged in court with defiling a minor and denying the charges, Mwambu said there was an existing grudge between him and Jackline’s father who was a fellow employee.
The trial judge was, however, not convinced and Mwambu was sentenced to life in prison and seven years in prison for indecently assaulting Susan, the sentences were to run concurrently.
Dissatisfied with the court’s ruling, he appealed the decision saying the girls age had not been determined and there was no evidence linking him to the crimes.
He also faulted prosecution for failing to call Jackline’s father to testify as he had stated in his defense that the grudge between them was the motive for the allegations.
Nyeri Court of Appeal Judges Philip Waki, Roselyn Nambuye, Festus Azangalala considered his second and final appeal on the matter on March 1, 2017.
While they upheld the lower court’s ruling, they agreed to reduce his sentence from life imprisonment with hard labour to 16 years in prison.