Murang'a: A 46-year-old man has been sentenced to 14 years in prison by a Murang'a court after he was found guilty of sodomizing a 17-year-old boy with a mental problem. Senior Resident Magistrate Erick Musambai found Dismus Gitau Wanjira guilty of committing the heinous offense on May 23, 2024, in the Matithi area of Murang'a County.
According to Kenya News Agency, the victim revealed that Gitau invited him into his house, where he undressed and sexually assaulted him. The victim's father stated that his son confided in him about the incident involving the accused, and in an effort to verify the claims, he visited the suspect, who denied the accusations. The father reported the matter to the area chief, who facilitated the suspect's arrest.
During the trial, medical and psychological assessments confirmed the victim's mental condition, reinforcing the gravity of the offense. In his defence, Gitau claimed that there had been long-standing tension between him and the victim's father, suggesting that the accusation was a false allegation intended to have him imprisoned. He further stated that on the day the alleged incident occurred, he had found the victim feeding his father's cattle with his hay, prompting him to discipline the boy.
In his ruling, the Senior Resident Magistrate noted that although there was no medical evidence of penetration, the consistency, clarity, and positive identification of the accused by the victim, coupled with the lack of a credible defense, led the court to conclude that the prosecution had proven the case beyond reasonable doubt. The magistrate further stated that the court had a duty to protect vulnerable members of society and that the sentence should serve as a warning to would-be offenders.
A probation report that was presented to court by probation officer Teddy M. Mbithi described Gitau as a first-time offender and a threat to the public. In the report, Mbithi added that Gitau, being an immediate neighbour to the victim, who is mentally unwell, would cause him distress if released. Further, considering the statements of the concerned parties, the offender was found unsuitable for a non-custodial sentence and a deterrence sentence was recommended.
In his mitigation, Gitau pleaded for leniency, saying, 'I have a wife and children who depend on me. I humbly request the court to consider and reduce the sentence.' The magistrate said the sentence will be reduced by the number of days the accused spent in remand, granting him 14 days to appeal if he was not satisfied with the judgement.