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20 years imprisonment for defamation has been reduced to 10 years on appeal – KBC

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A man who was sentenced to 20 years by a Kikuyu court for sexually abusing a 14-year-old girl in 2015 has had his sentence reduced to 10 years by the Kiambu High Court on appeal.

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David Ndegwa Wanjiru had been convicted and imprisoned by the Kikuyu Chief Magistrate’s Court on a charge of defamation in violation of the Gender Crimes Act.

In his decision after reading the petitioner’s petition Attorney Judge Mary Kasango however refused to overturn the verdict saying the case was confirmed without any doubt.

He reduced the sentence to 10 years which will be calculated from 28 May 2015.

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Ndegwa had complained that his rights had been violated when the trial judge who was handling his case was transferred and his predecessor returned to start the case anew. He also said that the complainant was not called to give evidence as required by law.

But in his Judgment which was handed down almost identical to the protocols intended to prevent the spread of COVID-19, Judge Kasango noted that the complainant was a child who had completed his KCPE studies and called him would disrupt his studies and cause him distress. .

He further added that the court investigated the complainant before the hearing of the case and confirmed that he knew the meaning of the oath.

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