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Convict’s sentence cut to 15 years for assault on minor : The Standard

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Daniel Matete when he appeared before High Court Judge Jesse Njagi. [Standard]

The High Court has reduced the sentence of a convict who had been jailed for defiling a three-year-old girl.

On August 4, 2017 Butere Senior Resident Magistrate Felix Makoyo sentenced Daniel Matete to 30 years in prison after he was found guilty of defiling the minor.
Matete was also found guilty of an alternative charge of committing an indecent act with a minor.
But yesterday, Justice Jesse Njagi substituted the sentence with a 15-year jail term after he found that the prosecution had proved the offence of sexual assault and not defilement.
In his appeal, Matete had accused the trial magistrate of admitting “inconsistent, presumed and fabricated” evidence.
The convict submitted that the prosecution had shifted the burden of proof to him, saying that the evidence on record did not reveal whether he penetrated the girl with a penis or a finger.
Justice Njagi observed that while there were some inconsistencies, they did not negate the fact that the minor’s genitalia was penetrated.
The judge wondered why Matete was seen bathing the child, who was bleeding from her private parts, instead of raising the alarm.
The act, Justice Njagi observed, indicated that Matate was trying to erase evidence of his actions.
The court granted Matete 14 days to file an appeal.

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ButereSenior Resident Magistrate Felix MakoyoDaniel MateteJustice Jesse NjagiDefilement Case





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