A Naivasha court has sentenced a 42-year-old man to 20 years in prison after finding him guilty of sexually assaulting an 80-year-old woman in her Mwiciringiri home three years ago.

The accused, Joseph Gitahi, was convicted for attacking the elderly woman in the early hours of October 13, 2022, after allegedly breaking into her house. Gitahi, a security guard based in Kahawa West, Kiambu County, committed the offence just two days after burying his father at their family home in Kinungi, which is adjacent to the victim’s property.

During the hearing, the court was told that Gitahi had been on the community’s radar for years over repeated attempts to break into the woman’s home. On the night of the attack, he reportedly dug a hole to gain access to the house and ambushed the victim at around 2:00 am. He is said to have gagged her with her headscarf, assaulted her, and threatened to kill her if she reported the incident.

Presiding magistrate Nathan Lutta noted that the prosecution had presented four witnesses and successfully proved the case beyond reasonable doubt. The evidence, he said, clearly placed the accused at the scene of the crime. Gitahi was convicted under the provisions of the Sexual Offences Act (2006) and has been granted 14 days to appeal the sentence.

The victim welcomed the ruling, recounting that she lives alone and that Gitahi had made several attempts in the past to break into her home. She added that although he had previously been jailed for a similar incident, he was unexpectedly released and soon resumed his predatory behaviour. She was able to identify him during the 2022 attack after he reached for a torch, exposing his face, which enabled her to report the matter to local authorities and facilitate further investigations.

Father Jude Otogo of the Regional Centre for Healthy Ageing commended the conviction, saying it underscores the urgent need to protect older persons from abuse. He emphasized that many elderly individuals across Kenya continue to suffer sexual and physical violence most of which goes unreported.

He cautioned against the use of informal “Kangaroo courts” in such cases, arguing that they deny victims access to justice. According to Otogo, one in six older persons globally experiences some form of abuse, and the sentencing sends an important message that such violations will not go unpunished.

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