A 25-year-old man was sentenced to 25 years by a Murang’a court after he was found guilty of defiling a 13-year-old girl.
Asaph Kamau, who was employed at the victim’s homestead as a farmhand, was accused of repeatedly defiling the Grade 9 school-going girl on diverse dates between July 7 and July 20, 2024, in the Githambo area of Kahuro Sub County.
According to the victim’s aunt, the girl revealed what Kamau did to her on the night of July 20, 2024, after she failed to respond to her call when she wanted the girl to bring her a water jug.
After forcing the girl to talk, she revealed that Kamau forced himself on her in her brother’s room.
The aunt reported the matter to the local police station after the damning revelations.
According to a medical report and the post-rape care form filled out at Muriranjas Level-4 hospital that was presented before the court, the victim suffered a tear on her hymen and also tested positive for urinary tract infection.
In his defense, Kamau denied committing the offence, saying this was a mere frame-up since he was not on good terms with his employer, who happens to be the girl’s mother.
He told the court that the girl was presumably coached on how to implicate him, thus misleading the court on the matter.
Resident Magistrate Soy Mwangi dismissed Kamau’s defense saying the prosecution evidence presented before the court was proven beyond reasonable doubt.
The Magistrate further noted the medical report brought before the court also corroborated the testimonies of the witnesses.
At the same time, a trial report prepared by probation officer Teddy Mbithi also recommended that, in line with the principle of the best interests of the child and the need for justice for the victim, the offender was unsuitable for a non-custodial sentence, hence proposing the matter to be dealt with otherwise by the court.
In his mitigation, Kamau pleaded for leniency, praying to be granted a non-custodial sentence, stating that he had a wife and two children that solely depended on him, a claim which the court later proved to be false.
“Based on the nature of the offenses, the vulnerability of the victim and the psychological trauma impacted on her, you have been found guilty as charged and unsuitable for a non-custodial sentence, and therefore you will serve a custodial sentence to address the severity of the matter,” ruled Mwangi.
The Magistrate further ruled the number of days Kamau had been confined in remand would be reduced from the total sentence imposed by the court.
The accused was also granted 14 days to appeal if not satisfied with the judgement.
By Bernard Munyao and Yvonne Mawia
