Kilifi man handed life sentence for defiling 10-yr-old niece

According to the Office of the Director of Public Prosecutions (ODPP), Samuel Mwadori Wanje alias Branson had committed the crime contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006. 

Appearing before Principal Magistrate Hon. Ivy Wasike, the Prosecution, through Principal Prosecution Counsel Nancy Njeru, presented five witnesses, all of whom helped prove its case beyond a reasonable doubt.

Court documents indicated that the abusive uncle waylaid the minor and abused her when she had gone to a farm to fetch vegetables.

The minor reported the incident to her family, prompting her mother to take her to the hospital. The matter was thereafter reported to the police. 

A clinician, who was among the witnesses, presented medical evidence, confirming that the child sustained injuries consistent with the assault. 

Investigators who visited the scene supported the minor's account by confirming signs consistent with a struggle. 

In his defence, the accused denied the charges and alleged that he had been framed following an earlier dispute with the child’s mother.

The court, however, dismissed the claim, noting that the minor positively identified him and that he failed to give a credible account of his whereabouts at the time.

A pre-sentence report indicated that the accused posed a risk to the community and recommended for a deterrent sentence against the convict. 

Hon. Wasike, while delivering the life-sentence, noted the offence committed was grave, noting that the victim was a young child and a close relative of the accused.

The judge also ordered the minor and her mother to receive psychosocial support for at least 12 months.