A middled aged man has been handed a 25-year prison sentence after he was convicted of defiling a nine-year-old girl.
The individual in question, identified as Siwan, also known as Lomomwai Moses, appeared before Kapenguria Senior Resident Magistrate Kipchumba Kenei.
He was found to have committed this grievous offense on the night of March 30, 2023, in Lokii village, West Pokot County.
Siwan faced charges on two counts of defilement, as outlined in Section 8(1) in conjunction with Section 8(2) of the Sexual Offences Act No. 3 of 2006.
In addition, an alternative charge of engaging in an indecent act with a child, as per Section 11(1) of the Sexual Offences Act No. 3 of 2006, was presented.
In delivering the verdict, the magistrate acknowledged that the prosecution had successfully proven the case against the accused beyond reasonable doubt. Furthermore, the magistrate took into account the precedents cited in court to inform the judgment.
“I have considered the aforementioned precedents, as well as the fact that the accused has no prior criminal record. In mitigation, he sought clemency, citing the loss of his wife in October 2022,” stated the magistrate.
The magistrate said, “The accused, being a father who therefore plays an important role in protecting his children, is aware that his act went contrary to his role as protector and provider.”
Kenei observed that the literacy level in Pokot North is among the lowest in the country and part of the reason is that such deviant acts are being perpetrated against school-going girls, leading them to drop out of school.
He ruled, “I sentenced the accused to serve 25 years of imprisonment,” the defendant had pleaded not guilty, and the prosecution subsequently commenced trial.
The victim’s father told the court that the accused had been his friend for five years, and on the material day he had met him, he was going to the home of his mother-in-law, which was a distance away. Since it was dark, he asked to sleep over.
He went on to say that they had supper, and the accused offered him some alcohol, which he had.
“PW2 (the grandmother of the victim child) then gave him a sheet and showed him a place to sleep in the room of the children.
“He was carrying nails. In the morning, after tea, he left. Later, PW2 (the grandmother) informed him that PW4 (the victim child) had been defiled,” the victim’s father narrated in court.
The accused has been given a 14-day right of appeal.
