High Court Commutes Life Sentence to 30-Year Imprisonment for Convict

Nyeri

Tuesday, August 22, 2023

KNA, By Wangari Mwangi

A convict who was serving a life sentence for defiling an 11-year-old girl can now heave a sigh of relief after the High Court in Nyeri reduced his sentence to a 30-year imprisonment.

Through an appeal dated February 23, 2023, the petitioner, Peter Gakuru Maingi, had sought a review of the sentence. He had also pleaded with the court to grant him a lenient sentence after a Mukurwe-ini court handed him a life sentence for his offence on July 24 2013.

In arriving at her ruling which was delivered virtually, Nyeri High Court Judge, Justice Florence Muchemi, noted that the petitioner had cited the Julius Kitsao Manyeso versus the Republic case where the life sentence for an appellant who had been convicted of defilement, was set aside and substituted with a 40-year imprisonment by a three-judge bench.  

Gakuru,77, had also argued that he had already served 10 years since he was first sentenced to life imprisonment. According to him, 10 years was sufficient time. Similarly, the petitioner had also urged the court to review the sentence downwards to allow him to join his family.

“I take into consideration the factors raised in mitigation by the petitioner and the fact that he was a first-time offender. All considered, I hereby allow the petition on the following terms. That the sentence of life imprisonment imposed on the petitioner is hereby set aside,” she said.

“That the petitioner is hereby sentenced to serve 30-years imprisonment to commence on July 27, 2013,” stated Justice Muchemi.

The petitioner was first charged in a Senior Principal Magistrate Court in Mukurweini with the offence of defilement and sentenced to life imprisonment.

According to his charge sheet, Gakuru was convicted with defilement contrary to section 8(1) (2) of the Sexual Offences Act of 2006 for defiling an 11-year-old girl on December 17, 2012. He also faced an alternative count of committing an indecent act with a child contrary to the Sexual Offences Act number 3 of 2006 for touching the private parts of a minor.

Court documents show that whereas he denied both charges, all eight witnesses produced by the prosecution testified in support of the victim.

The court heard that on the material day, the victim identified as PW1 assisted the accused in taking milk to a dairy upon his request. Upon her return with the gallon, the accused seized the girl, covered her mouth, removed her clothes and defiled her twice.

“The accused slept and told me to sleep on him. I ran away home and informed my sister (PW2),” testified the girl.

PW1’s testimony was corroborated by that of her sister, PW2 who had been sent by her mother to pick a panga from the accused person.

“I found PW1 inside the accused house. The accused told me to go and dig sweet potatoes for him. PW1 was seated on the bed of the accused,” testified PW2.

Further, medical evidence produced before the court by Ann Kiragu, a clinical officer at the Mukurwe-ini Sub-County hospital stated that “The external genitalia were normal, there was no a laceration or cut but the hymen was broken. A high vaginal swab showed pus cells and epithelical cells. There was penetration and presence epithelical cells show that there was injury to the vagina.”

In her ruling, Senior Resident Magistrate, Maryann Murage stated that based on the evidence, there had been no doubt that Gakuru had committed the offence.

“It is clear that the girl was defiled. After going through the evidence there is no doubt that the accused committed the offence and I convict accordingly,” ruled Justice Murage.

Subsequently following the 2013 sentence, Gakuru appealed the judgment twice in 2015 but both were dismissed by Judge Jairus Ngaah.

In opposing Gakuru’s appeal, Principal Prosecution Counsel Varoline Lubanga had argued that Gakuru had already lodged an appeal at the High Court and later in the court of appeal where his prayers were dismissed due to lack of merit. Lubanga had also stated that Gakuru had been accorded a chance to defend himself before he was first sentenced by the lower court.  

Courtesy ; K. N. A