By Tajeu Shadrack Nkapapa
In a landmark ruling, the Nakuru High Court, presided by Lady Justice Patricia Gichohi, has upheld the lower court’s conviction in a defilement case appealed by the appellant and reduced sentence to a 30 years jail term.
The judgment, delivered by Lady Justice Patricia Gichohi, reinforced the decision of the lower court, emphasizing the gravity of the crime and the need for a deterrent sentence.
According to the Office of the Director of Public Prosecutions (ODPP) the appellant was initially charged with defiling a minor on July 18, 2018, in the Rigogo area of Nakuru North sub-county, in violation of Section 8 (1) of the Sexual Offences Act.
The prosecution had also presented an alternative charge of committing an indecent act with the minor.
“The appellant was charged with defiling a 9-year-old girl on July 18th, 2018, in Rigogo area, Nakuru North sub-county, contrary to Section 8 (1) of the Sexual Offences Act,” Office of the Director of Public Prosecutions wrote on X.
The appeal, which was presented through written submissions, was thoroughly reviewed by Justice Gichohi.
In her ruling, she noted that the prosecution had established a compelling case against the appellant, leaving no room for doubt about his guilt.
The judge observed that throughout the trial, the prosecution had put forth a convincing argument against the appellant and concluded that the appeal lacked merits.
The appellant had originally been sentenced to life imprisonment. However, following a review, this sentence was deemed unconstitutional.
In light of the severity of the crime and the necessity for a punitive measure, Justice Gichohi imposed a revised sentence of 30 years in prison.