Court sentences man to 50 years in prison for raping four-year-old girl

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

Musyoka Mbaluka Mulu, 40, must serve the prison sentence after Supreme Court Judge Francis Rayola Olel dismissed his appeal on the grounds that he had been properly identified and convicted by the court.

Mbaluka was sentenced to life imprisonment by Kitui’s Chief Magistrate, Prime Minister Mayova, on September 5, 2023, but Judge Rayola reduced the sentence to 50 years.

“The evidence analyzed above refutes the defendant’s claim. On the contrary, he was rightly convicted based on solid evidence,” the judge said.

Judge Olel said Mbaluka had acted in a bestial manner by raping a child and injuring her so severely that surgery was needed to save her life.

The incident has deeply traumatized the victim, her family and her neighbors and has undoubtedly left lifelong scars, he said.

The judge added that Mbaluka had not shown that the sentence was manifestly excessive in the circumstances or that the court had overlooked material factors or acted on erroneous principles that would justify court intervention.

Mbaluka was accused of raping the girl on May 21, 2022 at Kitoo village, Mutomo, Kitui County.

From the evidence before the court, it appeared that the girl’s mother had gone to the Posho Mill and upon her return found that her daughter had been raped.

An older sister told the court that Mbaluka had invaded her mother’s absence, chased her out of her house and raped her sister.

The children recognized him as a local shepherd.

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

The girl was deeply traumatized by the incident and had to undergo therapy to cope with it.

Mbaluka denied the allegations, saying he did not know the child and that the charges were fabricated because he wanted to claim his salary for eight months.

In his appeal, Mbaluka said the charges had not been proven as required by law and he had not been clearly identified by the victim or any witness.

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