Man, 42, sentenced to death for defiling, killing five-year-old minor

A 42-year-old man has been handed a death sentence after he was found guilty of defiling and killing a five-year-old girl.

High Court Judge Justice Martin Muya passed the sentence against John Mwanzo on Monday after he was found guilty of the offence he committed on December 12, 2012.

In sentencing him, Justice Muya said: “The court has taken into consideration mitigation adduced by the accused; the court also has in mind that you defiled and killed a minor, and you do not expect this court to have mercy on you.”

He added: “You were convicted of murder, which is punishable by death, [and] the court therefore passes a death sentence on you according to the law.”

Defence lawyer Philip Muganda vowed to appeal against the judgment and asked Justice Muya to stay the death sentence.

NO MERIT

But in a brief ruling, Justice Muya dismissed the decision to appeal, saying he found no merit for appeal since no exceptional circumstances had been given.

Justice Muya further indicated that the chances of the appeal succeeding were slim.

Reacting to the judgment outside the court, the minor’s mother, Ms Asha Ahmed Said, said she was happy with the judge's decision.

“I am happy that justice has been done. I thank the judge for the judgment he has delivered, I also thank God for giving me strength to carry on after the heinous act that killed my daughter,” she said.

Mvita Sauti ya Wanawake chairwoman Munira Faraj called for unity among woman in the war against gender-based violence and discrimination against women.

OFFENCE PROVED

The judge had said the offence of murder against the accused person had been proved.

“I have considered the evidence adduced by the prosecution witnesses and the exhibits produced before the court; the accused is found guilty of the offence and is convicted for murder,” Justice Muya said.

The High Court judge said the prosecution had proved its case beyond reasonable doubt.

Justice Muya said six witnesses had placed the accused at the crime scene in their testimony and their evidence was corroborated.

“Prosecution evidence has showed that the accused is guilty of the offence; in addition, the witnesses’ testimonies had placed the respondent at the scene of murder,” he said

The accused had denied defiling and killing the minor at Kizingo Estate in Mombasa County.

The court had been told that on that day, the child had gone out to play with other children but mysteriously disappeared.

HEARD COMMOTION

The girls's mother reported the matter to the police and to the neighbours and a search for her began.

A witnesses had told the court that when she arrived at the accused’s door, she heard a commotion inside the house.

The accused was allegedly heard dragging tables and chairs inside the room.

The witness, Ms Ester Mwagongo, had told the court that she and others forced themselves into the accused’s room and found him carrying a brown-and-black bag.

Inside the bag, the deceased’s clothes were recovered soaked in blood. The accused had also packed his clothes and was about to flee the house.

After conducting a search, the body of the child was found in his room, soaked with blood and lying on a bed.

A DNA profile generated from the blood found on the child marched that of the accused.
BRUISES

Post-mortem results also indicated that the girl’s tongue had turned black, showing a lack of oxygen.

There were also bruises in the neck and the mouth.

Ms Mwagongo had told the court that she employed the accused as a cashier at her café and on the material day, he was the only employee at the eatery.

In addition, the accused was the only person with the key to the room where the body of the child was found.

But the accused had maintained he was away on that day and therefore could not have been involved in the murder.

He had told the court that his co-workers could also have gained access to the room.

All the witnesses had told the court that they had last seen the child at around 2pm before she mysteriously disappeared around 6 pm.

According to the post-mortem report, the accused defiled and murdered the minor before hiding her body under a mattress in his room.