Shopkeeper handed 10 years for impregnating a schoolgirl

A shopkeeper has been jailed for 10 years for impregnating a 16-year-old schoolgirl who he had assumed was an adult.

Edwin Mugendi 36 had denied defiling the schoolgirl on diverse dates in March 2019 at Ndunduri village, Embu North Subcounty within Embu County.

Mugendi who owns a shop had admitted to knowing the schoolgirl who was her customer but submitted to the court that she behaved like an adult.

“I was surprised to be charged as I did not defile the girl. I did not know about the case and used to see the girl in clubs with men and never knew she was a student,” he submitted.

In his mitigation through his counsel Winnie Ngige, the accused submitted that he regretted his actions as he relied on the assumption of the girl’s age that was wrong.

“My client is a father of three and is the sole breadwinner, as his wife does not have a regular source of income. For that reason, the dependents will greatly suffer and he prays for none custodial sentence if the same is available,” submitted Ms. Ngige.

She further submitted that the accused was a first-time offender and had promised not to repeat the offence.

In her ruling, Senior Resident Magistrate Juliana Ndeng’eri said she considered the mitigation but the accused was facing a serious offence.

“The accused relied on assumption that has borne a child and robbed a young girl off the teenage bliss. His concern is his children, what about the complainant and her child, who shall look after them,” Ndeng’eri posed.

She observed that the sexual offences act provided for a minimum sentence in such kinds of offences.

“The accused is sentenced to serve 10-years imprisonment and has a right of appeal in 14 days.