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Court dismisses defilement appeal by two elderly men

Roy Lumbe @lumbe_roy

The Nakuru High Court has dismissed an appeal by two elderly men convicted of defiling a 10-year-old  in 2015 and upheld their convictions.

Tom Mungai, 83, and Mureithi Ngari, 88, had lodged an appeal before the High Court after the magistrate’s court found them guilty of defilement.

They sought to have the life sentence set aside saying at their age they are sexually inactive and cannot commit such an offense. The two claimed the prosecution stage-managed the defilement charges saying they never met the minor in the alleged case.

However, in her judgment, Justice Maureen Odero upheld the life sentence saying the prosecution had proved its case beyond a reasonable doubt after the minor’s testimony placed the two on the scene.

“The two accused persons had been convicted of defilement and later lodged an appeal before this court. I have carefully considered the appeal by the two and find that they were lawfully sentenced by the lower court,” said Odero. 

The judge termed the denial as strange given that they had been identified by the minor noting that the identification made on the two was clear and positive.

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