A man from Bungoma, Job Wafula Nalianya, has been sentenced to life imprisonment after the High Court upheld his conviction for defiling a six-year-old girl in 2016.
Nalianya’s appeal against both his conviction and sentence was rejected by the court.
The crime took place on August 6, 2016, in Bungoma West subcounty.
Nalianya was initially found guilty by a magistrate’s court and received a life sentence.
Nalianya challenged the ruling, arguing that the magistrate was biased and that the evidence was contradictory.
He also claimed his defense was overlooked and that the life sentence was overly harsh.
Additionally, Nalianya argued that the child was older than 10 at the time of the incident, which he believed the magistrate failed to consider.
Justice David Kipyegomen Kemei, who reviewed the appeal, confirmed that the crime of defilement had indeed occurred.
Medical reports indicated severe injuries to the girl, including a third-degree tear and a recto-vaginal fistula, which required her transfer to Moi Teaching Referral Hospital.
These findings classified her injuries as grievous harm.
The judge concluded that the evidence of penetration was substantiated and upheld the trial magistrate’s decision.
“The conclusions reached by the trial magistrate on the issue of penetration were sound,” Justice Kemei stated in his ruling delivered on August 23.
Under the law, defilement involving a child of 11 years or younger carries a mandatory life sentence.
Despite Nalianya’s request to have his time spent in custody considered, the judge emphasized the severity of the crime and the long-term impact on the victim.
The court highlighted that the young girl endured significant psychological trauma and physical damage, requiring extensive medical treatment, including four months of reconstructive surgery.
“The appeal lacks merit and is dismissed,” Justice Kemei concluded, affirming that the original sentence should remain unchanged.
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