A man who had been sentenced to ten years imprisonment after being convicted of raping an elderly lady will serve the directed jailterm after his appeal attempt flopped.
Erick Musame Mulimu had moved to the High Court to challenge the earlier ruling handed down by Kakamega Senior Resident Magistrate Josphine Maragia before the High Court.
However, Justice Erick Ogolla agreed with the prosecution, finding the proof presented against him strong enough, therefore upholding the initial judgement by the magistrate.
He threw out Mulimu's lawyer's claim that the convict was being framed, after he was charged with raping the 66-year-old in Milimani, Kakamega East on February 2, 2017.
“It’s my findings that the decision of the lower court was lawful. The sentence meted out against the appellant was indeed lenient as it’s the minimum punishment provided for by the Sexual Offences Act. This appeal lacks merit and is hereby dismissed in its entirety,” said the judge.
The court heard that the Mr Mulimu raided the granny's hut, before ordering her to open up and when she refused, he broke in through the window and proceeded to rape her.
The court heard that the woman screamed, attracting villagers who arrested the man and handed him to the police while the granny was rushed to the hospital.
The judge gave him a 14-day period to appeal the ruling.
“I uphold both the conviction and sentence imposed. However, the appellant is granted 14 days to appeal at the Court of Appeal.”