It was a shocking turn of events for a man who has been sentenced to life imprisonment after appealing a 10 year sentence imposed on him for sexually abusing his six year old granddaughter.
Joseph Muriithi Macharia appealed to have his 10 year sentence overturned but instead got a life imprisonment sentence after high court dismissed his appeal.
While delivering the ruling, Justice Lucy Gitari said that the trial court ought to have sentenced the accused to life imprisonment based on the age of the victim.
“The trial magistrate overlooked a material factor in sentencing, that is, the age of the victim which was crucial in determining the sentence to be imposed. The sentence imposed was clearly wrong,” justice Gitari ruled.
Particulars of the offence
It is alleged that the convict-Macharia, sent for the little girl on October 3rd 2014 where the mother released her to go to his house at about 12.00 noon.
The court heard that the child, who was born in 2008, overstayed at her grandfather’s which prompted her mother to go to his house in pursuit.
It is alleged that upon arrival at the convict’s house, the mother of the complainant found him in the act of having sex with the minor.
The incident was reported at the Kiangwaci Police Post and minor taken to Katarina Hospital for treatment where a post rape care form and a P.3 form were filled.
John Mwangi, a clinical officer who examined the minor stated in his testimony that her hymen was broken but not fresh.
“There was a laceration with a small tear on the left clitoral position of the labia minora. There was a laceration wound on the vaginal opening and a white discharge emanating from the said opening,” testified Mwangi.
The officer added that the minor had to be put on antibiotics and drugs to prevent HIV infection.
The convict defended himself saying that on the material day he was digging near his house when children went to play near his home.
He asked the children who damaged the sweet potatoes but they started blaming each other.
The mother of the children came and started making a lot of noise and claimed that no sweet potatoes had been damaged.
She told him it was better if he was the one who is dead and not his wife thereafter he got annoyed and went to report the matter to the Police.
However, on reaching the police station, he found the mother at the station and was then charged with the offence before court.