A bodaboda man was, on Tuesday, February 1, sentenced to life imprisonment by a Kisumu court for defiling a 7-year-old minor.
According to the court documents, John Nyangau who appeared before the Kisumu’s High Court judge J. Kamau committed the offence in February 2018 at Kolwa East within Kisumu County.
He defiled the minor contrary to section 8 (1) and (4) of the sexual offences Act No. 3 of 2006.
He pleaded not guilty to the charge but after trials and witness accounts before court, he was found guilty and convicted.
The judgement was done on March 4, 2021, before Winam’s law court Senior Principal Magistrate Fatuma Rashid.
However, being dissatisfied with the judgement, Nyangau lodged a petition of appeal on March 17, 2021.
The court established that the minor had no reason to lie against Nyangau.
“The minor refused to be taken to school by Nyangau and opted to walk which showed that the trust had been breached and she was not secure,” part of the court documents read.
The court was also told that Nyangau went inside the house where the minor was and found her trying to repair a remote and later asked her to lie on the seat whereupon he unzipped his trousers and penetrated her and threaten her not to tell anyone before leaving.
The matter was reported at Kondele police station and later the minor was taken to Jaramogi Oginga Odinga Teaching and Referral Hospital (JOOTRH) where doctors confirmed to the court that the hymen of the minor was broken.
In his judgement, the judge said that a person who commits an offence of defilement with a child aged 7 years or less shall upon conviction be sentenced to life imprisonment.
For the foregoing reason, the judge stated that the upshot of the court’s decision was that the appellant’s petition of appeal lodged on March 17, 2021, was not merited.
“The appellant’s conviction and sentence be and are hereby upheld as it was safe to do so. It is so ordered,” the judge said.
