A judge in Nakuru has ordered a man accused of defiling three minors and indecently assaulting two others to start serving a 320-year jail sentence after his appeal was dismissed.
Justice Samwel Mohochi sitting at the High Court in Nakuru directed that David Karega who was sentenced by a lower court to service 100 years in jail for each of the three counts of defilement, and 10 years each for two counts of indecent act begins the sentence.
Justice Mohochi ruled that he was unpersuaded with Karega’s grounds about harsh sentencing, saying the court cannot hear an appeal on the severity of a sentence.
“Applying the legal provision, the sentence imposed by the trial was not illegal, this is because the 100 years imprisonment each in the first three counts and 10 years on the 4th and 5th counts to be served concurrently is the lesser severe sentence from life imprisonment,” Judge said.
Mohochi observed that Karega subjected the five minors, all under seven years to a bizarre and inhuman sexual attack.
“The orgy of sexual violence and threats of physical harm against the children resulted in serious and permanent trauma scars for which they shall remain for the rest of their lives,” he added.
The judge said justice can only be served by a deterrent imprisonment term.
The court noted that contradictions by the minors as alleged by the appellant were minor and inconsequential and didn’t prejudice the case in any way.
“The upshot is that the conviction and sentence of 100 years imprisonment on counts 1, 2, 3, and 10 years on counts 4, and 5 to be served concurrently is hereby upheld, and the appeal is dismissed,” Mohochi ruled.
Karega appealed against the conviction, indicating that the sentence was harsh and severe, lamenting that the court failed to consider his age and circumstances surrounding the offence.
He was arraigned on September 19, 2019, on three counts of defilement and two counts of attempted defilement.
According to the court documents, Karega defiled and committed an indecent act with the minors, whose identities we have concealed because they are underage at Rongai sub-county on diverse dates between September 10, 2019, and September 19.
The minors testified in court that they used to see Karega when going to school, who threatened to slit their throat with a knife and throw their bodies in the river if they informed anyone what had transpired.
They told the court how Karega tied their hands and gave them money before taking them into his house.
“He gave us alcohol and urinated in a bottle and gave us to drink, he then covered our eyes, mouth and started to defile us,” testified one of the witnesses.
