A 30-year-old man has been convicted by a Nanyuki court to spend 20 years in prison for defiling a standard five primary pupil.
Geoffrey Thumbi was before by Nanyuki Chief Magistrate Jessie Nyagah yesterday where he faced one count of defilement and the other one of indecent act with a child.
The charge sheet stipulated that on 14th January 2010 at Manyata village in Nyeri North District, Central Province, the accused committed an act which caused penetration with the genital organ to the complainant aged 12 years.
It further stated that at the same place and time, the accused person committed an indecent act with a child.
The court heard that both the accused and the complainant live in the same Manyata village and that on that material day, the complainant had been sent by her neighbour Mary Muthoni to buy some potatoes to the nearby homestead where the accused worked as a shamba boy.
The complainant went to the farm and found Thumbi who told her to accompany him to his house saying that the farm’s potatoes were being stored in his house.
The court also heard that when they reached the room, Thumbi locked her up from outside and walked away.
The accused returned at around 8pm, threatened her with a panga and ordered her to remove all her clothes. The girl complied and the accused had sex with her.
The court further heard that on the same night, the girl’s father Francis Mwaniki and the neighbour Mary Muthoni went to the Thumbi’s house, ordered him to open but he declined.
Mwaniki threatened to break a window pane but Thumbi emerged from the door threatening to slice them with a panga and eloped into the plantation.
The matter was reported to Naromoru police station and the girl was taken to Nanyuki District Hospital for examination.
Report from the hospital’s clinical officer revealed that there was forceful intercourse since her hymen was recently broken and her private parts bruised.
Nyagah noted that the prosecution had proved beyond all reasonable doubt that the accused defiled a girl of the age 12 years.
In mitigation, Thumbi told the court that he is a family man and that he is the sole bread winner and begged for leniency.
While issuing the 20 years jail sentence to him, Nyagah considered his mitigation but noted that children should be protected from sex predators.
He also gave him 14 days to appeal.
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