While sentencing Joseph Mutua, the principal resident magistrate Oscar Wanyanga said the prosecution had proven beyond doubt that the police officer was guilty of the offence.
“The police officer is meant to have protected the rights of the most vulnerable in society who are the children. I plead with this court to grant justice for the complainant to serve as a deterrent measure for others”, said advocate Muthomi Thiankolu who was representing Ripples International which was adjoined as an interested party in the case.
In mitigation before sentencing, the AP officer claimed that the incident having happened six years ago, the complainant is already an adult and they are living as husband and wife.
Through his lawyer Kirimi Mbogo, he said he has taken responsibility over the upkeep of the child who was born as a result of the sexual affair and that dowry negotiations in preparation of a customary marriage are in progress.
However after the complainant sought to address the court in chambers, the magistrate upheld the initial decision to convict Mutua saying there were no convincing grounds to prove that they were living as husband and wife and that Mutua will take care of the child and mother.
“The court has considered the evidence of the complainant in chambers and was not convinced that the two are living as husband and wife. The complainant says they are living together in Laare but the accused says they are staying together in Mombasa. This is not a matter that can be overlooked and the court has found the accused guilty and sentences him to prison for twenty years”, said Wanyanga.
While addressing the media after the case, Ripples International Director Mercy Chidi said the ruling has proven that nobody is above the law and sexual offences should be met with punitive measure.
“This is a case we have been following since 2010 and we realized that police were not willing to investigate one of their own but now justice is found" she said.