A man in Kisii has been sentenced to ten years in jail for rubbing his penis on a child’s buttocks.
Bernard Mokaya was charged in 2012. He admitted the crime prompting the magistrate to jail him 15 years but jail-term was reduced to 10 years after he appealed.
According to Mokaya, he was a first offender hence ought to have received a lean punishment.
Under section 11(1) of the Sexual Offences Act, a person who commits lewd acts with a child, including exposure to pornography faces at least decade in jail.
However, the second part of the Act gives an accused person a lee way to argue that an underage person deceived him or her to believe that such child was over 18 years.
In court Mokaya said that the magistrate did not give a reason why she enhanced the sentence, an argument which Justice David Majanja agreed with. The convict was only aggrieved about the sentence.
Justice Majanja reduced the sentence and ordered him to serve the remaining four years as his clock will start counting from November 14, 2012.
“As the appellant only contests the sentence, I allow the appeal and reduce the sentence to 10 years’ imprisonment from the date of the sentence that is 14th November 2012,” Justice Majanja ruled.