The High Court in Mombasa on Thursday substituted life imprisonment slapped on a man who defiled a 9-year-old girl with a 25-year jail sentence.
The accused Nyawa Mwabugu Mricheni appeared before Lady Justice Anne Ong’injo after he appealed the life sentence ruling that was delivered three years ago.
According to a statement by the Director of Public Prosecution (DPP) Noordin Haji, Judge Ong’injo upheld the judgement but instead ruled for the accused to be jailed for 25 years noting that he had been in custody during the whole trial.
“The High Court in Mombasa today dismissed an appeal by a man jailed for defiling a 9-year-old girl three years ago. Lady Justice Anne Ong’injo dismissed Nyawa Mwabugu Mricheni’s appeal for lack of merit and upheld the prosecution’s case,” stated the DPP.
“However, Hon. Ong’injo substituted the life imprisonment with a 25-year jail term, stating that the appellant had been in custody during his trial.”
DPP revealed that Mricheni was tried and sentenced by Shanzu Senior Resident Magistrate David Odhiambo.
He thereafter filed an appeal seeking to overturn the ruling arguing that the prosecution witnesses gave contradictory testimonies.
The prosecution led by Counsel Bernard Ngiri proved their case beyond reasonable doubt and Lady Justice Ong’injo dismissed the appeal for lack of merit.
She stated that ‘there was no contradiction in the prosecution case and that the appellant was properly identified’.