A rapist appealed his 10-year sentence. Shock on him!
A 64-year-old man who had been found guilty of defiling his six-year-old grand-daughter was shocked after a judge enhanced his 10-year sentence to life imprisonment, upon appeal.
Joseph, had been handed the 10-year-sentence by a Kirinyaga court, three years ago.
But unhappy with what appeared to him as a harsh sentence, Joseph filed an appeal, seeking to overturn both the conviction and sentence.
High Court Judge Justice Lucy Gitari, however, faulted the magistrate saying the sentence was wrong.
The Judge, instead, said the age of the girl had been proved to be six years, after tabling a birth certificate and the testimony of a medical officer.
It was therefore improper for the Magistrate to impose such a lenient sentence when the Sexual Offences Act provides for stiffer penalties.
Lady Justice Gitari said that age of the girl is a crucial fact determining the sentence to be imposed.
Evidence from court showed that the incident occurred October 3, 2014 in Baricho, when the young girl was sent by her mother to get something from her grandfather. She took long to return, prompting her mother to go looking for her.
She got a rude shock to find her father defiling the minor. The girl was rescued by members of the public and the grandpa was frog-marched to Kiangwaci Police Post.
Although the grandfather denied the incident and claimed his daughter framed her because of a land matter, the court said the evidence of the young girl remained unshaken even during cross-examination.
John Mwangi, a clinical officer who examined the girl, said her hymen was broken and she put the minor on antibiotics and HIV prevention drugs, PrEP.
In his defense, Joseph denied the charges saying he had been framed because he had a land dispute with his daughter.
But justice Gitari dismissed his appeal.
“She is an innocent child. There is no reason to doubt her evidence,” Justice Gitari said.
The judge said the evidence adduced before the trial magistrate met the threshold because it was corroborated by the evidence of those who came to the girl’s rescue, her mother and medical evidence.