Man jailed 20 years for defiling orphan inside church

The High Court has affirmed a 20-year jail sentence against a children’s home proprietor who defiled an orphaned girl.

Justice Nixon Sifuna found that there was evidence to prove that David Macharia Mwangi had taken advantage of his position as the director of Rehoboth Children's Home to take advantage of the girl.

He said that Macharia was a parasite who ensured that the victim’s vulnerable situation was the weapon he would use to satisfy his sexual desires.

In his appeal, the children’s home proprietor had claimed that there was no evidence that he had defiled the minor after promising to pay her school fees.

However, the Judge observed that the girl, codenamed NMG had testified about what happened on January 13, 2018.

Machaira faced two counts. In the first charge, he was accused of seducing the girl and committing a sexual offense with her while in the second count, he was accused of committing an indecent act.

The magistrate’s court found him guilty in 2020 on both counts and ordered that he be jailed for 10 years on each count. The sentences were to run at the same time.

Justice Sifuna said the years behind bars were adequate for his crime.

“As to the sentences of ten years imprisonment on each of the two counts, I find the same to be neither illegal, unreasonable nor excessive. The sentences are, therefore hereby upheld, and shall run concurrently as ordered by the trial court. The Appeal on sentence has therefore failed and is hereby dismissed accordingly,” ruled Justice Sifuna.

In the case, NMG testified that she was schooling at Rehoboth Children’s home because the mother could not afford fees after her father died.

The court heard that Rehoboth had taken her up until 2010.

She said that on December 23, 2017, Macharia invited her to visit the children’s home alongside her brother, who had also been at the institution for festivities. She obliged since it was her alma mater.

The teen said that on the Boxing Day, the children’s home proprietor asked her to accompany him to his church, Joy Celebrations Centre, where he asked her whether she wanted him to foot her school fees.

Macharia gave a condition that she would give away her innocence in exchange for money. Owing to her need for fees, she gave in.

Macharia defiled her on a bench inside the church.

He then told her to collect Sh1,000 on January 1, 2018 at Kangema Town for her fees. She went to school the following week but was again sent away for lack of fees.

The court heard that the victim contacted Macharia again, and this time he told her to go back to Rehoboth with her items. He promised to find her a sponsor. It never happened.

Instead, on January 13, 2018, he again did the unthinkable to her with a promise to clear the fees.

He paid the fees three days later and she left. Macharia denied the charges.