A masked casual laborer who allegedly pounced on the landlord’s daughter, dragged her to the nearby bush then undressed and defiled her has been sentenced for life after he was found guilty.
During plea taking two years ago, the charge read out to the accused person indicated that Jessy Nyongesa Wafula intentionally and unlawfully defiled the J.C (not her real name), then nine years old on July 27, 2019 at Gathondeki area within Nairobi County.
Alternatively, Wafula was accused of committing an indecent act by touching J.C. inappropriately.
The accused person had pleaded not guilty at Kibera law courts where the case was set for trial.
During the trial, the court heard that the minor was heading to the shop that day when Wafula, who had covered his face with a mask, appeared and grabbed her.
While giving her evidential testimony, J.C. stated that she recognized Wafula because he had a left eye that had a problem.
“He carried me to the bush and covered my mouth so as to make me not scream before proceeding to remove my underpants, made me lie on the ground and went ahead to rape me,” the minor narrated.
“Wafula was holding a knife against my head in a move that intimidated me. Thereafter, he ran away leaving me still lying on the ground crying,” she added.
A woman who was passing near the bush heard her cry and upon checking her, she noticed she had been defiled to an extent whereby she could not walk due to the painful ordeal she underwent.
Shortly afterwards, her father who was at work was informed of the incident and he rushed home where he found the daughter in miserable condition.
The father rushed the minor to Nairobi Women’s Hospital where she was examined and treated before being transferred to Kenyatta Hospital where the DNA samples were taken.
The court, during sentencing, ruled that Wafula had been positively identified with the prosecution’s evidence corroborating consistently.
Further, the DNA samples were matching. This was after the minor suffered injuries in her privates that rendered immobile an clear indication that she had been defiled.