Nakuru High Court on Wednesday upheld a life sentenced of a man who had defiled a Six years old girl.
Joseph Kiptoo was sentenced to life by a Resident Magistrate Tanui on July 25, 2011 in Nakuru.
Kiptoo was arrested on October 4, 2010 for allegedly defiling six years old at Mangu in Nakuru County and was arraigned before court on October 11, 2011
Kiptoo appealed his sentence and in his submissions said that the magistrate who sentenced him erred in convicting him by basing the judgment on a defective charge sheet.
He claimed that some of the prosecution witnesses in his case were not called to testify before court.
According to the facts of the prosecution, the appellant lured the complainant who is a minor and defiled her.
Judge Kiarie Waweru said that he have gone through the records from the lower court and
”My perusal of the lower court record does not reveal the omission of calling any witness by the prosecution, this ground must therefore fail,” he said.
Judge Waweru also said that the evidence against the appellant was overwhelming and it explain as to why the trial magistrate dismissed it.
The age of the complainant was determined, according to the immunization card produced at the trail, she was born on January 23, 2014, and at the time offence she was 6 years and 9 months.
“The appellant was sentenced to a prescribed sentenced and there was to illegality, the upshot analysis of the lower court record is that there was overwhelming evidence against the appellant. His appeal on both conviction and sentenced must fail,” he said.
He shall serve the sentence meted out.