20 years imprisonment for defilement reduced to 10 years on appeal

Written By: KNA

A man who had been sentenced to 20 years by a Kikuyu court for defiling a 14-year-old girl in 2015 has had his sentence reduced to 10 years by the Kiambu High court on appeal.

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David Ndegwa Wanjiru had been convicted and jailed by Kikuyu Principal Magistrate’s court for the offense of defilement contrary to the sexual offenses Act.

In her ruling after studying the submissions of the appellant Lady Justice Mary Kasango however declined to dismiss the conviction saying the case was proved beyond reasonable doubts.

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She however reduced the sentence to 10 years which shall be calculated from 28th May 2015.

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Ndegwa had complained that his rights had been violated when the duty magistrate who was handling his case was transferred and his predecessor reneged to start the case afresh. He also argued that the complainant was not called to testify as required by law.

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But in her Judgment which was delivered virtually in line with protocols meant to curb the spread of COVID-19, Justice Kasango noted that the complainant was a child who had just completed her KCPE education and summoning her would have disrupted her education and cause her stress.

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She further noted that the court had examined the complainant prior to the hearing of the case and confirmed that she knew the meaning of an oath.

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