Appeal court upholds life sentence for man convicted of defiling 4-year-old girl » Capital News

NAKURU, Kenya, Jun 21 — The Court of Appeal sitting in Nakuru has dismissed an appeal challenging a conviction and life sentence in a defilement of a four-year-old girl in Molo.

Wesley Kiplangat Kirui had moved to the Court of Appeal to challenge the sentence delivered in 2012 after an unsucessful attempt at the High Court in 2019.

In a unanimous decision, the three-judge bench composed of Justices John Mativo, Mwaniki Gachoka, and Weldon Korir, found the appeal lacked merit both on conviction and sentencing grounds.

The court ruled that Kirui was properly convicted and that the mandatory life sentence imposed under the Sexual Offences Act was both lawful and appropriate.

“We are satisfied that, ultimately, the prosecution discharged its burden of proof to the required standard,” the judges stated in a judgement delivered on Friday.

“Accordingly, the appeal against the conviction lacks merit and it is hereby dismissed.”

Kirui was originally charged in 2010 for defiling MCM, a child aged just four years at the time, at Oinoptich village in Molo District.

The attack occurred on April 14, 2010, and was witnessed by the child’s brother and their mother, who caught Kirui in the act and raised the alarm.

Severe injuries

Evidence presented during trial, including the testimony of the minor, her parents, medical reports, and several eyewitnesses, confirmed the gruesome nature of the crime.

The complainant suffered severe injuries, including a torn hymen and bleeding, as confirmed by a clinical officer who examined her.

Kirui was convicted in March 2012 and sentenced to life imprisonment.

He appealed to the High Court, which upheld the conviction and sentence in June 2019.

Persisting with a second appeal, Kirui argued that the sentence was excessive, the charge sheet defective, and that his constitutional rights had been violated.

However, the appellate court rejected those arguments, citing recent jurisprudence from the Supreme Court upholding the legality of mandatory life sentences under Section 8(2) of the Sexual Offences Act.

“We have no discretion to reduce the sentence set out therein,” the bench stated.

“The recent decisions of the Supreme Court in Republic v. Joshua Gichuki Mwangi and Republic v. Manyeso have affirmed that the mandatory nature of life sentence under section 8(2) is lawful.”

The Court affirmed both the conviction and sentence by the lower court.

“In the end, we find that the present appeal is unmerited. Accordingly, we affirm the conviction and uphold the sentence.”