The High Court in Kitui has slapped a man with a life sentence after unsuccessfully appealing a 45-year prison term.
Jacob Mutunga was jailed for 45 years by a magistrate court in January 2020 after he was found guilty of defiling a minor.
He was accused of sexually assaulting a neighbor’s 10-year-old daughter in Thua, Kitui County on September 9th, 2018.
Mutunga was dissatisfied with the judgment and filed an appeal at the High Court, arguing that the lower court erred in convicting him.
He submitted that the prosecution failed to prove beyond reasonable doubt that he committed the offense of defilement.
But in a ruling last week, High Court Judge Robert Limo increased Mutunga’s sentence to life citing the Sexual Offences Act, which provides for only one sentence—life imprisonment.
Section 8 (2) of the Act says that; a person who commits an offense of defilement with a child aged 11 years or less shall upon conviction be sentenced to life imprisonment.
“This court finds that the prosecution’s case against the appellant was simply overwhelming. The trial evaluated the evidence well and reached the correct conclusion,” Justice Limo ruled, adding that Mutunga’s appeal lacked merit.
The court further cited the trauma he caused to the minor and the fact that he infected her with a Sexually Transmitted Disease.
Praise the lord. Criminals…
Praise the lord. Criminals belong to prison, and if the victim is a person then death should be the sentence
Karma is a bitch, ain’t she?…
Karma is a bitch, ain’t she? He might want to sue his lawyers for malpractice unless they told him to do this because of the previous miscarriage of justice.
Judges are very irrational…
Judges are very irrational and emotional people. Why? Look at the irrational way in which they sentence offenders. There should be a one national standard across the nation for crimes committed and the sentencing should be the same across the board.
Somebody stole the land of the late Brother Muteshi. Guess what? He is now campaigning to be elected the next president of Kenya. The same man stole a piece of land and built a big hotel! The same man bribes crooked church leaders with hard cash while millions of youths go unemployed. How can you call yourself a religious person and impregnate a college student when you have a wife and children! Why is this man not in jail? I have repeatedly asked why this man has not taken any imitative to find the people involved in Eldoret at the PCEA church holocaust? In this holocaust, innocent old men, women, and children were roasted alive when they sought shelter in Kiambaa church.
It is unfortunate that, when you are at the bottom of the society, your sentencing is totally different from other men and women in power. Look at the many financial scandals committed by the strong and the powerful members of the society. Why are they roaming free in the nation while enjoying the looted money?