Man jailed for 50 years for defiling 4-year-old girl

A man found guilty of defiling a four-year-old girl has been sentenced to 50 years in prison.

Musyoka Mbaluka Mulu, 40, will serve the term after High Court judge Francis Rayola Olel dismissed his appeal, saying he had been properly identified and convicted by the court.

Mbaluka had been sentenced to life imprisonment on September 5, 2023 by Kitui Principal Magistrate P.M. Mayova, but Justice Rayola reduced the term to 50 years.

“The evidence as analysed above disapproves the appellant’s contention. To the contrary, he was properly convicted based on solid evidence,” the judge said.

Justice Olel said Mbaluka had acted in a bestial manner by defiling a child and injuring her so badly that she needed surgery to save her life.

Deeply traumatised

The incident, he said, left the victim, her family and neighbours deeply traumatised and undoubtedly scarred for life.

The judge added that Mbaluka had not shown that the sentence was manifestly excessive in the circumstances, or that the trial court had overlooked any material factor or had acted on an erroneous principle, which would allow the court to interfere.

Mbaluka was charged with defiling the girl on May 21, 2022 in Kitoo village, Mutomo, Kitui County.

Evidence before the court showed that the girl’s mother had gone to the posho mill only to return and find that her daughter had been defiled.

An older sister told the court that Mbaluka had stormed their house while their mother was away, chased her out and defiled her sister. The children identified him as a herder in the area.

Positively identified

Mbaluka was pursued and arrested as he tried to flee to Mombasa, and the child was able to identify him at the hospital.

The girl was deeply traumatised by the incident and had to undergo counselling to help her cope.

Mbaluka denied the allegations, saying he didn’t know the child and that the charges were trumped up because he was demanding his eight months’ salary.

In his appeal, Mbaluka said the charge had not been proved as required by law and that he had not been positively identified by the victim or any witness.

The judge said the fact that the minor identified him at the hospital and in court left no doubt that he was the one who defiled the girl.

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