BY SAM ALFAN.
An ICT expert who threw a 20-year-old woman he had met on Facebook from the twelfth floor of a building in Nairobi has been sentenced to.five years in jail.
Milimani Senior Principal magistrate Esther Kimilu sentenced Moses Gatama Njoroge to serve five years in prison after finding him guilty of the offence of causing grievous harm.
“The victim was immobilised for a couple of months and could not stand without crutches at the time she was giving her testimony,” said Kimilu.
The magistrate said the victim had suffered serious injuries.She cited medical records that outlined the complainant’s injuries inflicted.
Eunice Wangari Wakimbi suffered serious pelvic injuries on September 13,2020 at Ambank House, Nairobi.
The magistrate noted that the victim suffered serious injuries and evidence had been adduced and all the essential ingredients of the offense had been proven beyond reasonable doubt.
In his mitigation, Njoroge pleaded for leniency and asked for a non-custodial sentence saying he was a young man who had just started his career as an ICT expert during the said incident.
He said he was perturbed by the case and needed counseling.
While defending himself Njoroge had claimed that the victim threatened to jump out of the window. He shortly heard screams and found the victim lying on the 9th floor.
During evidence in chief the complainant testified that Njoroge and her had been chatting on Facebook and on the said fateful day, decided to meet physically for the first time.
The victim told the court that Njoroge had invited her to Ambank House on the 12th floor in Nairobi’s Central Business District.
As the two were imbibing an alcoholic drink, she rebuffed his sexual advances, angering him leading to the fight that saw her being thrown from a window on the 12th floor of the Ambank House.
“The victim suffered fractures, she was immobilized for a couple of months and could not stand without crutches at the time she was giving her testimony,” said the Magistrate.
The Kimilu noted that the medical records outlined the injuries inflicted on the victim and the same was admitted as evidence in the court.
She noted that the two had lunch at the Njoroge’s office which had been purchased from a food outlet, and thereafter, Njoroge took some alcoholic drink which they had bought together before he turned violent.
According to the trial court, he kept on hitting her face with his fist forcing her to put on shoes which the accused would remove then hit her again and again,” noted the Magistrate.The Magistrate observed that the lady decided to leave but Njoroge continued to assault her and eventually pushed her through the window of the 12th floor.
“The accused had no justification to assault the complainant even if she was drunk and not able to walk, he did not demonstrate any effort to hire an uber for the victim as he had responsibility to ensure her safety having invited her for a date,” noted the Magistrate.