Turn boy jailed 20 years for defiling 13-year-girl in Nyeri

A 21-year-old turn boy who defiled a 13-year-girl has been sentenced to 20 years in jail by a Nyeri court.

John Maina Munya will serve the custodial sentence after he was found guilty of defiling the minor by Nyeri resident magistrate Nelly Kariuki.

Muya had been charged that on diverse dates between January 22 and 25 at Chaka trading Centre, Nyeri County he defiled the school girl.

 He was however discharged of the second count of committing an indecent act with a child.

In passing out the sentence, the court noted that the evidence by four witness who testified including the victim’s mother was well corroborated, put the accused at the epicenter of the offence.

Kariuki noted that the fact the child hymen had initially been broken was a clear indication that penetration had taken place.

“In short the evidence presented by the prosecution before the court point as a whole proof the act of penetration had been committed by the accused person,” the magistrate further observed.

A medical examination report by Dr Eustace Muringu at the Nyeri referral hospital however indicated no bruises, blood or sexually transmitted disease (STD)were found on the girl’s genitals.

According to Dr Muringu the girl's hymen was found to have previously been broken.

 On the material days, according to the prosecution led by Caroline Mutua the complainant had run away from home.

“She feared being punished by her mother on account that a watchman had seen her in company of a boy and reported the matter to her,” Mutua said.

Mutua explained that as the girl wandered around she met Muya who took the girl to his friend's house and defiled her for three days.

“He locked me in the house for three days as he went to work,” she explained.

She said Muya who was unknown to her later gave her Sh 200 and told her to get lost.

 A friend to the complainant’s mother who later saw the girl called her and informed her she had seen her daughter dirty and loitering at Chaka township.

The girl was taken to hospital where she was treated and reported the matter to Kiganjo Police Station and later helped the police to arrest the accused.

In his defecne, Muya who was out on a Sh 200,000 bond denied the charge, claiming he was at work and had escorted a lorry to Doldol to harvest sand.

He also claimed his name was not John Maina Muya but John Wangondu Muya.

 The court refurbished Muya defence who had in mitigation asked for non-custodial sentence noting that he had failed to avail evidence by a way of witness or alibi he was at his place of work on the material day.

It further dismissed the question of identification by the accused, noting it was the complaint who caused his arrest when she saw him two weeks later.

He was given 14 days to appeal.