Nyeri court reduces jail term for man convicted of sodomy

Monday January 16 2017

A map of Njumbi in Murang'a County. A court has

A map of Njumbi in Murang'a County. A court has reduced the sentence of a man who sodomised a boy in the area. GRAPHIC | GOOGLE MAPS  

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The High Court in Nyeri has reduced the jail term handed to a man found guilty of sodomising a mentally ill boy.

Justice Hatari Waweru reduced Joseph Kariuki Gachanja's 21-year sentence to 14 years in an appeal.

Gachanja was convicted of sodomising the boy on September 3, 2012 in Njumbi location, Murang’a County.

He told the High Court in his appeal that he was convicted on the evidence of the complainant that was not corroborated and that the prosecution consisted mainly of testimony from members of the same family.

He added that he was not taken for any medical examination to verify that he committed the alleged act and that the minor’s cause of anal swelling was not established.

He further told the court that the charge against him was trumped up on account of a long-standing dispute over a land boundary between him and the complainant’s family.

The appellant also argued that the identity of the complainant’s assailant was not proved beyond reasonable doubt.

The judge dismissed the grounds of Gachanja's appeal and said the conviction was safe.

But he ruled that the maximum sentence for the offence is 14 years' imprisonment.

“His beastly act against the complainant took place throughout the night. He richly deserved not only a custodial sentence but also the maximum imprisonment provided for by law. That maximum was 14 years' imprisonment,” ruled the judge.