What you need to know:
- A Nakuru court has sentenced a 45-year-old man to 20 years in prison for defiling his lover's 13-year-old daughter.
- The accused who lured the minor with Sh100 also faced an alternative charge of committing an indecent act with a minor.
The court in Nakuru has sentenced a 45-year-old man to 20 years in prison for defiling his lover's 13-year-old daughter.
Senior Resident magistrate Vyonne Khatambi handed Joshua Mbuva Mwanzia the jail term after the court found him guilty of defiling the minor on June 14, 2020 in Mzee wa nyama in Nakuru East Sub-county within Nakuru County after luring her with Sh100.
He also faced an alternative charge of committing an indecent act with a minor.
In her judgment the magistrate said the minor gave a clear chronology of events prior to the incident and that she remained consistent with her examination and cross examination.
She also noted that the evidence produced before the court was sufficient to prove that the suspect had committed the offence, and that the defence raised by the accused was an afterthought.
“The upshot of the above consideration is that the prosecution has proved its case beyond reasonable doubt as against the accused person, consequently the accused person is found guilty of the offence as he is hereby sentenced to 20 years in prison,” ruled the magistrate.
According to the prosecution, the accused took advantage of his relationship with the minor’s mother to get closer to the child, gaining her trust before committing the heinous act.
In her testimony, she told the court she had only known the accused for three months before the incident. He met the minor’s mother when he had gone to purchase potatoes at her shop.
She revealed that Mr Mbuva requested for the minor’s phone number after spotting her with it. The phone was to ease the minor’s communication with her mother whenever she was away in the market.
The minor told the court she used to receive calls and messages from the accused.
She added that on that day, Mr Mbuva called and requested her to go to his home where he gave her Sh200 and requested her to go look for change.
Upon her return, she narrated, he gave her Sh100 before proceeding to defile her.
In her testimony, the minor’s mother told the court she was at home when the minor’s phone rang, but upon answering the caller greeted her and hung up.
She said the phone later rang three times and at around 7pm, the minor received a text message from the said number, asking her to go meet at the gate.
She later confronted her daughter who informed her that the caller who was also sending the messages, was Mr Mbuva. On further interrogation, she admitted that the accused gave her Sh100 and defiled her on June14.
The minor was taken to Nairobi Women's Hospital for examination and treatment where the doctor concluded that she had been defiled.
In his defence, Mr Mbuva denied committing the offence and stated that he was in a romantic relationship with the minor’s mother whom he would lend money from time to time.
He said on that day, the minor went to his house to pick a jembe her mother had sent her to get, and left immediately.
He said the complainant’s mother had framed him after he declined to give her Sh50,000. However, the court noted that the prosecution evidence was overwhelming.
The magistrate noted that the accused confirmed that there was no grudge between himself and the complainant.