Nkondi man jailed by a Marimanti court for 20 years for defiling a 15-year-old girl is also facing another case of helping the girl procure an abortion.
Mr Mr Felix Nyaga Mwebia from Mwanyani village in Tharaka constituency who worked as a photographer for a senior Tharaka Nithi County politician was accused of committing a sexual offense with the minor in January 2021.
The brown-skinned smartly-dressed soft-spoken man in his mid-30s was arrested and arraigned in court on January 27 2021 and denied the defilement charge before a magistrate court and was released on a bond Sh200,000.
Having secured the bond, Nyaga attended court sessions until March 15, 2023 when he was found guilty of the offense and was locked at Marimanti Prison awaiting judgment.
Before the magistrate court, Nyaga pleaded with the court to have mercy on him and issue a lien judgment arguing that he is the only son in their family and that he has adopted three orphans whom he sorely takes care of.
“I urge the court to have mercy on me. I am the only son in our family and I take care of my elderly parents together with three orphans whom I have adopted,” pleaded Mr Nyaga.
Delivering the judgment on April 3, 2023, the courts, resident magistrate, Mr Julius Gacheru pointed out that he had been found guilty of a very serious crime of and jailed for 20 years without a fine.
Nyaga has 14 days to appeal the ruling in the High Court in Chuka town before Justice Lucy Gatari if he is not content.
“Court finds you guilty of defilement and sends you behind bars for 20 years. You have 14 days to appeal the ruling,” Mr Gacheru.
According to the Sexual Offences Act of 2006, sexual intercourse with a child under 18 years old is defilement even if the minor had consented because it is assumed that she is not mature enough to make an informed decision.
The offender is imprisoned for life if a child is below 11 years, 20 years for minors between 12 and 15 years and 15 years for defiling children between 16 and 18 years.
The Marimanti court was lien enough to award Mr Nyaga the minimum jail term of 20 years in line with the law.
