Man jailed for 15 years for defiling neighbour’s child

A man has been jailed for 15 years by an Isiolo Court after he was found guilty of defiling his friend’s 12-year-old daughter.

Jacob Mwiti repeatedly defiled the Grade Three girl between March 17 and March 20, 2019 at Rei village in Ruiri, Meru County.

At the time, the girl lived with her father, who had parted ways with the wife. The man worked as a watchman at Rei Primary School and the girl mostly spent the nights alone when he left for work.

The minor recalled in court how the suspect, who she said frequented their home, grabbed and forced her into his timber house and defiled her while covering her mouth.

“My father had sent me to his home to borrow a rope. He confronted me while going back home and forced me into his house,” she said, adding that the suspect threatened her with a knife.

Suspect's home

She would reveal the ordeal to the father but the suspect vanished from the village only to resurface days later and defile her again. This time she was running an errand for her grandmother at the suspect’s home.

“I found him standing at the door. He pulled me into his room and ordered me to lie on the bed,” the minor narrated in court.

Besides informing the father of the incident, she opened up to one of the teachers who noticed that she had difficulties walking, prompting arrest of the suspect and arraignment.

A medical report prepared by Karai Jillo, a clinical officer at Isiolo Referral Hospital revealed a broken hymen and three-day-old genital injuries.

The court on July 12, this year, two months after the prosecution closed its witnesses, found that Mwiti had a prima facie case to answer.

In his defence, the suspect claimed the complainant’s family framed him over past differences.

Maximum sentence

Prosecution lawyer Dennis Mang’are said the accused took advantage of his friendship with the minor’s father and called for a deterrent sentence.

“The court should grant a maximum sentence of not less than 20 years,” the counsel appealed to the court.

Isiolo Chief Magistrate Samwel Mungai said the girl gave candid and coherent evidence on how Mwiti defiled her on several occasions, and evidence by prosecution overwhelming and sufficient to prove culpability of the accused.

The accused took advantage of the fact that the minor’s parents separated and his close relationship with the father, the Magistrate said, noting that the offence was serious and prevalent in the region.

“A deterrent sentence is necessary to ensure safety and well-being of minors who are vulnerable and incapable of protecting themselves from abuse and exploitation,” Mr Mungai said while delivering the judgment last Friday.

The 15-year-imprisonment, he said, considered that the suspect had been in remand from April 2019, when he was first arraigned.