- He was found guilty by a Bungoma magistrate and sentenced to life imprisonment.
- However, Nalianya moved to the High Court challenging both his conviction and sentence.
Image: FILE
A Bungoma man who defiled a six-year-old girl in 2016 will serve life imprisonment after the High Court dismissed his appeal.
Job Wafula Nalianya was accused of committing the offence on August 6, 2016, at a village in Bungoma West subcounty.
He was found guilty by a Bungoma magistrate and sentenced to life imprisonment.
However, Nalianya moved to the High Court challenging both his conviction and sentence.
He claimed that the magistrate was biased and made decisions based on evidence that was full of contradictions.
He also claimed that his defence was not considered and that the sentence imposed upon him was too harsh and excessive.
It was also his claim that the minor was aged more than 10 years at the time, something he said the magistrate failed to note.
Justice David Kipyegomen Kemei who heard the appeal noted that the offence of defilement was indeed committed.
He found that the doctors who attended to the girl after the ordeal confirmed that blood was oozing from her private part and she also suffered a third-degree tear with a recto-vaginal fistula.
The doctors referred her to Moi Teaching Referral Hospital.
They concluded that it was a case of defilement and classified the injury as grievous harm.
From the above, the judge concluded that it was clear that the minor had been engaged in sexual activity and that the clinical officers confirmed the same.
He said he was satisfied that penetration was proved by the prosecution to the required standard.
"As an appellate court, I am satisfied that the conclusions reached by the learned trial magistrate on the question of penetration were sound, and I accordingly confirm the same," Justice Kemei said in his judgment delivered on August 23.
The law states that a person who commits an act which causes penetration with a child is guilty of an offence termed defilement.
It adds that a person who commits an offence of defilement with a child aged 11 years or less shall upon conviction be sentenced to imprisonment for life.
Nalianya in his appeal had asked the court to ensure that the period he spent in custody be considered during his sentencing.
"It is to be noted however, that the appellant behaved irresponsibly and betrayed the trust the community had in him of protecting its young people, especially the girl child but went against the same and became a predator," the judge said.
In his analysis of the case, Judge Kemei noted that the victim of defilement was aged six years old at the time of the offence, hence the victim has been psychologically scarred for the better part of her life.
"Her innocence was stolen by a person who ought to be her protector. The sentence provided for under Section 8(2) of the Sexual Offences Act is life imprisonment."
The court noted that the victim had to be hospitalised for four months undergoing reconstructive surgery since her sexual organs were severely damaged as she suffered fistula.
"Accordingly, I find no reason to interfere with the judicial discretion of the trial court on sentence. As a result, the appeal fails. The appeal against conviction and sentence lacks merit and is dismissed. It is so ordered."