John Muhendu was a bar owner in Murang'a whose business was doing well.
In 2015, he defiled two girls with a promise to buy them 'mutura'. He will spend the rest of his life in jail after he exhausted his appeal on March 22.
Six-year-old GNN testified that she was on her way from the toilet when Muhendu stopped her, led her to his house and defiled her on his bed.
The man then asked the girl not to tell anyone, promising to buy her 'mutura'.
She told the court that she cried during the act as she felt pain and later informed her sister CWN.
It turned out that eight-year-old CWN had also been defiled by Muhendu.
She testified as the fifth witness, telling court that on January 19, 2015, she was at home with her sister GNN who went to use the latrine when the appellant took her to his house.
She then followed them to his house and found the appellant, who was naked, lying on top of the complainant.
She told the court that the appellant promised to buy them ‘mutura’. She immediately informed her aunt.
The aunt, Rachael Muthoni, testified that on January 23, 2015, she went to visit her sister’s children, when she noticed that CWN was not walking properly. On prodding, CWN told her that the appellant had defiled her and her sister.
The aunt immediately reported the incident to the police.
The mother of the two girls, Irene Nyambura, said she had not noted any change in her daughters and that she was only informed by her sister.
Muhendu denied the charges, insisting that he had spent time in his bar business till night and did nothing wrong.
“He claimed that on the material day of January 19, 2015, he opened his bar at 8am and thereafter left, accompanied by his wife, to go see his mother-in-law, who was unwell at Kagumoini. He stated that he was there until 4pm, after which he went back to his bar and worked till 9 pm. He denied committing the offence,” the court documents say.
He called his wife, Martha Muthoni, to testify in his defense.
A medical examination showed GNN had been defiled.
The trial magistrate found Muhendu guilty as charged and sentenced him to life imprisonment.
He appealed at the High Court in Murang’a contesting the conviction and sentence. But the judge, after re-evaluating all evidence, saw no aberration with the decision. The court upheld his conviction and sentence.
At the Court of Appeal, he sought to impeach the credibility of the victims, questioning their ages.
Muhendu also argued that the two children gave conflicting testimonies that could not be relied upon, and that he was never taken to a doctor for examination for possible infections linking him to the offence.
Three judges hearing the appeal said the witness accounts and medical evidence nailed the man.
They said proving the case against the man did not require that he be taken for medical examination to find any infection linking him to the offence.
“Medical examination of a perpetrator is not a requirement to prove defilement, and is only necessary depending on the circumstances of a particular case, say, when for instance, upon the medical examination of the victim it is established that she was infected with a sexually transmitted disease," the bench ruled.
"Such medical examination of the perpetrator may either prove or disprove whether the perpetrator infected the victim with the disease.” The court upheld the conviction and sentence.