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Judicial CP - October 2002

East African Standard, Nairobi, 5 October 2002

Ex-Army Man Jailed for Defilement

By Alphonce Mung'ahu
in Nairobi

A former senior Army officer was yesterday sentenced to six years imprisonment by a Kibera court for defiling a nine-year-old girl.

Isaac Kamau Waithaka, a former senior sergeant with Kenya Navy attached to the Department of Defence (DoD) Headquarters, Nairobi, was convicted by Senior Resident Magistrate Stephen Githinji. He was also ordered to receive four strokes of the cane and hard labour.

He faced charges that on January 27, this year, at Kawangware village, Nairobi, he had carnal knowledge of the girl under l4 years of age.

Githinji said prosecution led by Inspector Joseph Mathenge proved beyond reasonable doubt the accused committed the offence.

He said all witnesses who testified in the case incriminated the accused who did not deserve non-custodial sentence.

Waithaka pleaded for leniency saying he was sacked from the military immediately after committing the offence.

The matter was highlighted in the press when he was first charged attracting the attention of his employer.

Githinji dismissed the plea for leniency saying the offence was shameful and required a harsh punishment to discourage others with similar intentions.

The court was told the accused was the complainant's neighbour at Kawangware and gave her Sh20 so as not to disclose the incident to her mother.

Meanwhile, a man who defiled a minor after stealing Sh50 from her was yesterday sentenced to death by a Mombasa court, reports Evelyn Kwamboka.

Simon Wachu Komora was sentenced by Principal Magistrate, Mrs Lydia Achode.

He faced charges that on May 22 this year at about 10.00 am at Mkomani, while armed with a knife, he robbed the girl of Sh50 and used violence on her.

He was also charged that on the same day, he had unlawful carnal knowledge of the girl under 14 years of age.

Copyright 2002 The East African Standard. All rights reserved.

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