Three judges endorse life sentence for man who defiled girl, 7

George Lumbasi was sentenced to life in prison by the Vihiga Principal Magistrates' Court on September 18, 2016. [iStockphoto]

A man who defiled a seven-year-old girl before giving her Sh5 to buy her silence has lost yet another appeal to have his life sentence reduced.

George Lumbasi, who was sentenced to life in prison by the Vihiga Principal Magistrates' Court on September 18, 2016, was unable to persuade three judges to reduce his sentence after the high court rejected him in August of the same year.

Judges Mumbi Ngungi, Francis Tuiyott, and Patrick Kiage said even though they had the authority to reduce Lumbasi's sentence, they were concerned about the nature of the crime committed.

"While Lumbasi says he is remorseful and prays for leniency, we have no doubt in our minds that this is one instance when the minimum sentence is deserved. The victim was a girl of seven. The sexual assault left her with serious injuries. She suffered an infection to her urinary tract," they said.

"The appellant defiled the child on no less than three occasions. On one occasion, he forced a handkerchief into her mouth to muffle any noises of distress from her. In addition, he threatened her. This was a really heinous crime, callous in the extreme, and traumatic to the victim."

Lumbasi requested clemency, claiming that he had studied religion in prison and had changed for the better.

He had appealed to the Kisumu High Court after Justice Antony Mrima, who was then based in Kakamega, dismissed his first appeal, which sought to overturn the Vihiga court's conviction and sentence.

On August 18, 2016, Justice Mrima said the trial magistrate addressed the evidence and the law properly and "came to the right conclusion" regarding sentencing and conviction.

Lumbasi had cited the Francis Muruatetu and another versus Republic (2017) case that held that the mandatory prescription of a sentence could not take away the discretion of a sentencing court in reading a sentence to an offender like him who was in the case, punitively hit.