Nyeri Law Courts
By Wangari Humphery
Worth Noting:
- Paul Ndung’u, the children’s officer at Nyeri Central Sub-County said he was notified of the case at the Nyeri County Referral Hospital, where the child was admitted because of a broken leg but upon further examination, the doctors realized she was defiled.
- “I was asked to find a safe home for the minor as the suspect was her father, and I admitted both the minor and her seven-year-old sister,” Ndung’u said.
- Still, in Nyeri, another stepfather was sentenced by a court to 35 years in jail for defiling his 12-year-old stepdaughter
- Senior Resident Magistrate Mary Gituma convicted SMN of the offense of defilement after the court found him guilty of defiling the minor on diverse dates between August 2, 2021, and December 5, 2021.
A wave of sexual abuse involving step-parents targeting their step-children and subjecting them to horrific experiences has startled court users.
The victims are forced to bear the wrath of their parents even as they are exposed to the cruelty of their step-parents.
In Nyeri, a stepfather was recently sentenced to life imprisonment for incest after a Nyeri Magistrate’s Court found him guilty of defiling his three-year-old daughter.
Senior Resident Magistrate Mercyline Lubia said the evidence produced in court confirmed that the accused was the father of the child and that he was the last person seen with her before and after the incident.
The court heard that the accused committed the act on January 19, 2021, within Nyeri County.
He was also charged with assaulting the child and causing bodily harm contrary to section 251 of the penal code.
He denied the charges and five witnesses were lined up to testify against the accused, including the child’s great-grandmother.
Paul Ndung’u, the children’s officer at Nyeri Central Sub-County said he was notified of the case at the Nyeri County Referral Hospital, where the child was admitted because of a broken leg but upon further examination, the doctors realized she was defiled.
“I was asked to find a safe home for the minor as the suspect was her father, and I admitted both the minor and her seven-year-old sister,” Ndung’u said.
Still, in Nyeri, another stepfather was sentenced by a court to 35 years in jail for defiling his 12-year-old stepdaughter
Senior Resident Magistrate Mary Gituma convicted SMN of the offense of defilement after the court found him guilty of defiling the minor on diverse dates between August 2, 2021, and December 5, 2021.
During the proceedings, the accused denied the charges and pleaded his innocence before eight witnesses who testified in the case implicated him in the crime.
The minor recounted how her stepfather sexually assaulted her while her mother had gone to the market on the fateful day.
“My father came to my room when my mother was away. He dragged me to his room removed my clothes and defiled me and threatened to kill me if I told anyone,” the minor testified.
She stated that it was not the first time her father defiled her as he used to do so every time her mother went to the market.
The child’s mother told the court that her daughter had shared her predicament with her teacher.
“I was called by the teacher and informed of this incident. I reported my husband to the police station and took my daughter to the hospital,” the mother testified.
She told the court that the accused threatened to kill their children after the confrontation.
In his defence, SMN denied that he defiled his daughter and told the court that he had problems with his wife, who was cheating on him.
He said the wife wanted him to pay school fees for his brother-in-law.
The accused admitted that his house had two rooms and the children slept separately.
In her ruling the trial magistrate said the prosecution had proved its case against SMN.
“I have considered the accused person prayed for a lenient sentence. However, the victim was 12 years old, and the accused was her stepfather and was obligated to protect her. I sentence the accused to 35 years in prison,” Magistrate Gituma stated.
In another court, a man was sentenced to 20 years in prison after defiling three girls who are sisters and impregnating one.
The case was brought before Nyeri senior Magistrate Mercyline Lubia who convicted JM after finding him guilty of defiling the sisters.
JM was charged with three counts where the charge sheet indicated that on diverse dates on January 24, 2020, and May 10, 2021, in Kieni West, Nyeri County, he defiled JWN, TWM, and MWM aged between 15,13, and 11 years respectively.
He denied and six witnesses were produced including the mother of the complainant who testified that on January 20 last year, she went to the funeral and left her children with her husband, after three days she returned home and found the children okay.
“On May 10, 2021, my daughter aged 15 years complained her leg was aching I took her to the hospital, and she revealed that she had missed her monthly periods for two months. I interrogated her, she revealed his father has been defiling not only her but also her sister,” her mother testified.
She testified that they went home and informed his husband that the daughter was expectant, but my husband only inquired if the daughter disclosed the man responsible but she concealed the truth.
“Later I interrogated my second-born daughter at first she denied it but later revealed her father also defiled her, “her mother said.
A minor aged 15 years told the court that his father started defiling her when her mother had gone for burial for three days.
“We had gone to fetch firewood with my younger sister when our father found us. He told me to accompany him to get charcoal, on our way home after we crossed a river he told me to lie down on the ground, removed my clothes, and defile me,” she testified.
“My stomach started aching when I was taken to hospital and I was found pregnant. I didn’t have a boyfriend,” she narrated.
In his defence, JM said he had no relation with the victims and that they came with his wife and he was just a stepfather and was educating them.
The magistrate noted that the prosecution proved beyond reasonable doubt that the accused committed the offence of defilement to the three minors and impregnating one.
JM was convicted to serve 20 years on the first count of defiling a minor aged 15 years, 20 years for a second girl aged 13 years, and 15 years for defiling an 11-year-old girl to run concurrently.
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