A man has been sentenced to life imprisonment for defiling a three-year-old mentally ill child.
Patric Murithi had been charged, convicted and sentenced to life imprisonment for the offense he committed on May 11, 2015 in South Imenti District.
Judge David Majanja ruled that since the victim was three when the offense was committed, the mandatory sentence of life imprisonment was lawful.
“In this case, the testimony of the witnesses put him in the very act of penetration, hence the DNA evidence was not necessary,” said Majanja.
In the case, the mother of the child had told the court that SN was born on May 3, 2011 and that the child was mentally challenged.
She recalled that on May 11, 2015 at about 2.00pm she went to fetch water when she heard someone screaming that her child had been defiled. She went towards the area and found SN unconscious without her underpants.
There were many people at the scene and the appellant, who had removed his trousers to the knees, had a knife and was threatening the lady who she had heard screaming.
She took SN to the police station and was referred to the hospital. She had noted that SN was bleeding from her nose and mouth and also her private parts.
Another witness testified that on the material day at about 2.00pm, she was heading to the shops when she heard some noise coming from some Napier grass bushes along the road. When she moved closer to find out what was happening, she found the appellant lying on SN.
He was holding her mouth with one hand holding her with the other hand as he was sexually assaulting her. She told the court that he had removed his trouser halfway and there was a panga on the ground nearby.
When she saw what happened, she jumped and moved towards the road and when the appellant saw her, he followed her and she asked him why he had killed the child. In the meantime, she saw PW 1, beckoned to her and screamed. She testified that her mother came and took the child to hospital.
The accused in the appeal had argued that DNA test could have been conducted.
“On the material day I was working cutting Napier grass along the road when my neighbor told me to take his child, a girl aged about 2 years to her grandmother as he going to the market,”said Muriithi
He said he took the girl and as he was going back, he met a woman screaming near where he was cutting grass.
When he asked her why she was screaming, she accused him of defiling a girl near the Napier grass.
Shortly people gathered around. He told the court that he was being framed by the mother of the girl as she had declined his advances