Court proceedings in a Thursday, September 30 case where a teacher stood accused of sexually defiling a class six pupil were almost disrupted after the teacher burst into tears when the judgement was being read out to him.
The presiding judge was forced to wait as the teacher’s legal representation asked him to quiet down before the judge continued reading out the judgement.
“Let him stand properly. This is a court. Talk to your client Mr Nyamberi, I will continue reading this judgement,” the judge is heard saying in the video footage capturing the court proceedings.
According to the judgement, Fredrick Mwangi returned home from school and committed the heinous act on the minor who was allegedly under his care and at home after she was sent home for lack of school fees.
“One day Mwangi came back from school and found me at home. His wife had gone to school. His children were also in school. I was at home because I had not paid school fees. He found me sweeping and put me in bed,” the judge said, quoting part of the evidence by the complainant.
Mwangi is said to have forcefully had his way with the minor, gagging her mouth during the act while threatening to beat her up if she told anyone of what had happened.
Out of fear, the minor did not divulge what she had gone through.
The judge further said that upon cross-examination of the minor by Mwangi’s lawyer, the class six pupil revealed that she was first raped by the accused in 2015.
“On cross-examination by the advocate of the accused, the complainant stated that the first time she was defiled by the complainant was in 2015 but she cannot remember how many times she did it,” the judge said while reading from his judgement.
Based on court documents and evidence from the prosecution, the judge said Mwangi yet again defiled the minor severally in 2016 adding that a doctor and clinical officer listed as witnesses by the complainant corroborated the same.
“This evidence of penetration by the complainant was not shaken by the defence in cross-examination. It is important to note that the complainant gave sworn evidence which was consistent that the accused defiled her,” the judge said.
