Police officers direct Michael Nzioka into a standby police car as his relatives watch after he was issued jail term of 20 years for defilement by a Mavoko Law Court on Friday. The court directed that he be jailed at Industrial Area GK Prison in Nairobi County.
A prominent business man from Athi River town has been issued 20 years jail term by a Mavoko Law Court for defiling a minor.
The accused Michael Mumo Nzioka was charged with the offence of defilement of a girl contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act No.3 of 2006, Laws of Kenya.
Particulars are that on the 24th day of July, 2015 at Kitengela Township within Kajiado County, intentionally and unlawfully caused your male genital organ (penis) to penetrate the female genital organ (vagina) of Loise Mutheu Mwendo, a child aged 14 years.
The accused was also charged with an alternative count to the above count one of an indecent act with a child contrary to section 11(1) of the Sexual Offences Act No.3 of 2006, Laws of Kenya.
Particulars are that on the 24th day of July, 2015 at Kitengela Township within Kajiado County, intentionally and unlawfully committed an indecent act by allowing your male genital organ (penis) to come into contact with the genital organ (vagina) of one Loise Mutheu Mwendo, a child aged 14 years.
In the second count, the accused was charged with the offence of threatening to kill contrary to section 223(1) of the Penal Code Cap. 75, Laws of Kenya.
Particulars are that on the diverse dates between December, 2014 and July 24, 2015 at Athi River Sub County within Machakos County without lawful excuse uttered the words threatening to kill Loise Mutheu Mwendo while armed with a pistol.
The accused denied all the above counts. The prosecution called eight witnesses in support of their case.
The accused gave sworn statement in his defense and further called six witnesses.
The prosecution said the accused might be treated as a first offender since they did not have his past conviction records.
Mitigating on behalf of the accused, lawyer Alphonse Mutinda called for leniency stating the accused was remorseful since he has a wife and children all of whom depend on him.
“The accused is remorseful, he has a wife and children all of whom depend on him. He therefore prays for leniency,” Mutinda told the court.
Principal Magistrate Peter Ooko heard the case and made the ruling on Friday.
“Mitigation of the offender has been considered by the court. However, I do sympathize with him in that this kind of an offence has a minimum sentence. My hands are therefore tied. I hereby do sentence himto serve twenty (20) years imprisonment,” said Oooko.
The accused was given fourteen days Right of appeal.
The court directed that Nzioka be imprisoned at Industrial Area GK Prison in Nairobi.