Private School Teacher Jailed For Life For Defiling 10-Year-Old Pupil
A Nairobi private school teacher who enticed a ten-year-old girl to his home before defiling her was sentenced to life in prison by a Kibera court.
Kibera chief magistrate Ann Mwangi handed down the punitive sentence to James Mawanda on Wednesday after the prosecution proved its case.
“The prosecution proved the offense of defilement beyond any reasonable doubt and at the same time I have considered the accused person’s mitigation and I, therefore, sentence him to a life imprisonment term,” Mwangi said.
According to the prosecution, the accused committed the offense on various dates between August 2018 and 2019 in Kibera, Katwekere, Nairobi county.
The court heard that Mawanda had a habit of luring the girl to his house in order to perform ‘tests’ on her.
Before the court ruled, prosecutor Jeff Musyoka called several witnesses to testify in the case.
Musyoka asked the court to punish the accused severely in order to serve as a deterrent to others who might consider committing similar crimes.
The accused was charged with the second count of indecent act with a minor and several counts of attempting to defile other minors.
The attempted defilement counts, however, were dismissed by the court.
The magistrate stated that it was clear from the minor’s testimony and that of other key witnesses who testified in court that the accused committed the offense.
The magistrate stated during the sentencing that the offense was barbaric in light of the victim’s age.
“The victim positively identified the suspect, she was only 10 years of age. The medical report provided in court proved that the girl was defiled,” she said.
During her testimony, the girl stated that the accused used deception to invite her to his home for a test, but he never disclosed the nature of the test.
“Aliniuliza kaa nimejaribiwa na akaniambia kama bado nikuje kwake siku hiyo ingine, sikujua alitaka kunifanya tabia mbaya,” she told the court.
The minor stated that the accused person had previously given her Sh100 on several occasions, but on the day he defiled her, he gave her Sh200.
According to her, the accused undressed her and defiled her while covering her mouth with a cloth to keep her from screaming.
“I felt a lot of pain and he told me not to inform anyone including my mother, we used to know him as a teacher,” she told court.
Despite the suspect’s warning, the minor stated that she revealed what had happened to her mother, and the accused was arrested and charged.
Mawanda denied committing the crime, but he did admit that the minor would occasionally come to his house with others to watch cartoons.
“They used to come to my house to watch cartoons and because some of them used to damage my items, one day I told them that they will only be allowed in my house in my presence,” he said in mitigation.
Mawanda testified in court that he is HIV positive and works as a private school teacher.
The court, on the other hand, dismissed his defense as weak and untrustworthy.
According to the court, the medical report presented in court proved that he committed the crime.
The accused was taken to the Industrial Area Prison to begin his sentence.
He was given 14 days to file an appeal.