A 64-year-old man will spend the rest of his life in prison after the High Court said 10 years was not sufficient punishment for raping his 6-year-old granddaughter.
Joseph Macharia had sought to reduce his original 10-year sentence in Baricho for defilement and incest on October 3, 2014.
He said he was framed because of a land dispute.
However, the court enhanced that sentence to life.
Justice Lucy Gitari said the 10-year-sentence imposed by a magistrate was unlawful.
Gitari said despite being shown the girl’s birth certificate to prove she was only six, the magistrate handed Macharia 10 years. The Sexual Offences Act only provides for life in prison in such a case.
“The sentence imposed by the trial magistrate was clearly wrong. It overlooked a material factor in sentencing, the age of the victim, which was crucial in determining the sentence to be imposed,” Gitari said.
Suit papers said the girl was sent by her mother to visit her grandfather but she did not return.
Her mother went looking for her and found her father in-law having sex with the minor.
She shouted for help and citizens rushed to the scene.
The minor testified that her grandfather called her to his house. When she entered the room, he removed her clothes. He also removed his clothes. He then forced himself on her.
John Mwangi, a clinical officer who examined the girl, testified that her hymen was broken and she was put on antibiotics and drugs to prevent HIV and other infection.
In his defence, Macharia denied the claims.
He said he had been framed because he had a land dispute with his daughter.
But Gitari dismissed his appeal, saying the evidence of the minor was not shaken during cross-examination.
“She is an innocent child. There is no reason to doubt her evidence,” the judge said.
She said the evidence produced before the trial magistrate met the threshold as it was corroborated by the evidence of an eye witness, the mother, and by medical evidence.
“I find that it is proved that the complainant was the grandfather and he was properly charged with the offence of incest. The prosecution proved that there was penetration of a minor aged six years,” Gitari said.
“I find it is too late to allege that he did not understand the language. I will therefore interfere with the sentence. I set aside the sentence of 10 years”.
- The Star