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Judge upholds 10-year sentence for house-help who defiled boy, 9

An appeal by a house-help convicted of two counts of sexual offences against a 9-year-old boy whom she was employed to mind has been dismissed by a Murang’a High Court.

Evelyne Waruiru Kamau, who was charged with committing an indecent act with the boy and displaying pornographic material to the minor, was jailed for 10 and five years concurrently by a lower court in Murang’a.

Principal Magistrate Antony Mwichigi had jailed the house help for 10 and five years concurrently on February 22, 2017.

She then appealed the decision saying some records were not produced during the proceedings and that her evidence was not considered before she was convicted.

But High Court Judge Grace Ngenye upheld her conviction and the sentence, saying that the appellant’s actions had traumatised the minor.

“I have considered the appellant’s application and the judgment by the lower court and I uphold the conviction and the sentence of the lower court. What the appellant did was traumatic to the young child and her appeal is hereby dismissed,” the judge said.

The court heard that the house help would order the boy to suck her breasts while watching pornographic videos and then insert his penis into her vagina.

PRODUCED THE DVD

The minor’s mother knew about the matter upon returning from a journey where she had gone, when her child went to the bedroom of the house help and produced the DVD containing pornography and told his mother about the matter.

“The child later narrated how the house help would order him to suck her breasts and indecently touch her private parts before inserting his private parts into hers,” the prosecutor Sebastian Mutinda told the court while urging it to dismiss the appeal.

The DVD, which the child produced to his mother, was played in court and showed adults having sex.

In her defence, the house help told the court that they have been having issues with her employer who she told the court had been accusing her of having an extramarital affair with her husband saying the charges were fabricated to fix her.

She further said she was a mother of five and a Christian.