A man from Bungoma who defiled a six-year-old girl in 2016 will continue to serve a life sentence after the High Court rejected his appeal. Job Wafula Nalianya was accused of committing the crime on August 6, 2016, in a village within Bungoma West subcounty. He was found guilty by a Bungoma magistrate and sentenced to life imprisonment.
Nalianya appealed the conviction and sentence, arguing that the magistrate was biased and had relied on evidence that he claimed was contradictory. He also argued that his defense was not properly considered and that the life sentence was overly harsh. Additionally, he claimed that the victim was older than 10 years at the time, a detail he believed the magistrate overlooked.
However, Justice David Kipyegomen Kemei, who reviewed the appeal, affirmed that the defilement had indeed occurred. Medical reports confirmed that the young girl had suffered significant injuries, including a third-degree tear and a recto-vaginal fistula, with blood present in her private area. The doctors who treated her at Moi Teaching and Referral Hospital classified her injuries as grievous harm and concluded it was a case of defilement.
Based on this evidence, the judge concluded that the prosecution had proven the case to the required standard, and he upheld the conviction and life sentence.
“As an appellate court, I am satisfied that the conclusions reached by the learned trial magistrate on the question of penetration were sound, and I accordingly confirm the same,” Justice Kemei said in his judgment delivered on August 23.
The law states that a person who commits an act which causes penetration with a child is guilty of an offence termed defilement.
It adds that a person who commits an offence of defilement with a child aged 11 years or less shall upon conviction be sentenced to imprisonment for life.
Nalianya in his appeal had asked the court to ensure that the period he spent in custody be considered during his sentencing.
“It is to be noted however, that the appellant behaved irresponsibly and betrayed the trust the community had in him of protecting its young people, especially the girl child but went against the same and became a predator,” the judge said.
In his analysis of the case, Judge Kemei noted that the victim of defilement was aged six years old at the time of the offence, hence the victim has been psychologically scarred for the better part of her life.
“Her innocence was stolen by a person who ought to be her protector. The sentence provided for under Section 8(2) of the Sexual Offences Act is life imprisonment.”
The court noted that the victim had to be hospitalised for four months undergoing reconstructive surgery since her sexual organs were severely damaged as she suffered fistula.
“Accordingly, I find no reason to interfere with the judicial discretion of the trial court on sentence. As a result, the appeal fails. The appeal against conviction and sentence lacks merit and is dismissed. It is so ordered.”
