No mercy for child rapist as court refuses to reduce life sentence

A Kakamega man found guilty of raping a class two child has had his application for a lesser term denied.

Emmanuel Japala Eliakim was earlier sentenced to life imprisonment by Butere Principal Magistrate Maureen Shimenga.

His attempt to have the High Court reduce the term have landed on deaf ears as the court heard that his application failed to raise serious grounds.

The convict is accused to have on February 8, 2016 lured the seven-year-old victim with sugarcane before defiling her. The two were neighbours.

The girl reported the ordeal to her grandmother (who she lives with) and was taken to Khwisero District Hospital.

True to the accusations, clinical officer at the hospital Douglas Maonga, a said that he found blood stains, bruises and lacerations in her genitalia.

“All elements of defilement were confirmed. The prosecution build on their case to the required standards of proof. From the record, there was no bad blood between the appellant and he victim, the appellants’ allegations of fabrication cannot stand,” ruled Justice Musyoka.

On his part, High Court Judge William Musyoka rejected the application for leniency saying, “The trial court could not have granted a lesser sentence than the one prescribed by the law. Appeal on both the conviction and sentence must fail, the same are upheld.”

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