By B, KNA
A 46-year-old man was Monday jailed for 10 years by a Murang’a court after he was found guilty of defiling a 7-year- old girl.
Senior Resident Magistrate Eric Musambai found Haron Simiyu guilt of committing the heinous act on August 18, 2024 in a village within Kahuro Sub County.
The court heard that on the said date, the accused who found the girl playing outside their house in the evening lured her with five shillings and took her to nearby coffee farm where he defiled her.
The girl’s grandmother who was the first witness told the court that the victim was brought back home by a neighbour, after she was found with the accused in a compromising position in a nearby coffee bushes.
The grandmother reported the matter to a village elder who directed her to report the incident at Kahuro police station.
The granny further observed that they later went to Muriranjas Level 3 hospital where they were issued with a medical examination report that confirmed that the victim was sexually assaulted.
The grandmother told the court that she did not know the accused and it was the first time she was seeing him. She said she was not at home when the incident occurred.
The second witness, a neighbour, testified that on their way home with his two friends he noticed a gentle man next to a bush lying half naked on top of a girl.
He told the court that he heard the girl say she was scared and would be beaten when found by her mum. He likewise said he did not know the convict.
According to the minor’s testimony she was playing when a man came and took her and was given five shillings then taken to nearby coffee bushes by the accused.
The third witness, a clinical officer who examined the minor confirmed she was sexually assaulted as per medical report from the lab showed.
The accused denied the charge saying it was a frame up. He said he was in a relationship with the mother which did not work out hence the victim’s mother accused him of the offence.
However, in his judgement, the magistrate noted: “Having carefully considered the evidence on record the court found the accused’s assertion unsubstantiated. The victim remained consistent and credible throughout her testimony and no evidence was adduced by the accused to support the existence of such relationship.” T
The magistrate said the prosecution proofed the case beyond any reasonable doubt. “From the evidence adduced by the prosecution and more so the testimony of the victim, it is indeed the accused person who was the perpetrator, he is hereby convicted to 10 years imprisonment and have 14 days to appeal if he is not satisfied with the judgment,” ruled Musambai.