Kericho Man Handed 10 Years Imprisonment For Defiling 7-Year-Old Girl
A 34-year-old man was sentenced to ten years in prison by a Kericho court after being found guilty of defiling a minor in his home.
Patrick Ngetich was found guilty by Kericho Senior Resident Magistrate Felistas Nekesa of committing an indecent act with a seven-year-old in his home in Kopsito village, Bureti Sub-county, Kericho.
This violates Section 11 (1) of the Sexual Offences Act No. 3 of 2006, which takes effect on January 16, 2023.
The accused was also charged with defilement in violation of Sections 8(1) and 8(2) of the Sexual Offenses Act No. 3 of 2006.
He denied committing the offense. The prosecution presented four witnesses who provided corroborating evidence against the accused.
The court heard that on January 16, 2023, at approximately 8 a.m., the complainant and her sibling were taken by her mother to visit their grandmother and were left there after their mother left.
After a while, the minor decided to return to their home to see if her mother was there, but the door was locked.
The girl sat on a bench outside their home, waiting for her mother to return, only to hear her name called out.
Before she could turn to see who was calling, she felt someone grab her right hand.
It was their neighbor, the accused, who drew her into his home. The accused stripped the girl and placed her on his seat.
He attempted sexual intercourse with her by making contact with her genitalia while holding her mouth with his hand to muffle her screams.
After some time, the accused instructed the minor to dress up and return home.
The minor put on her clothes and returned to her grandmother’s house, but did not reveal anything until her mother arrived to pick her up.
The girl’s mother described her daughter’s inner clothing as having a mucus-like substance.
The complainant was taken to Kapkatet District Hospital for medical examination, and the incident was reported to police at the Litein Police Station.
The accused was apprehended on January 18, 2023, at his home. A clinical officer who examined the minor informed the court that her sexual organ had been partially penetrated.
There were no blood stains on examination, and the girl appeared to be in good general health with minor elbow pain.
The labia majora and minora were slightly swollen with yellowish discharge, but the hymen was intact.
The P3 filed in court confirmed the attempted defilement.
A report from the government chemist department in Kisumu dated May 11, 2023, was presented to the court as an exhibit in the case.
It concluded that the accused person’s DNA was not discovered on the complainant’s underwear.
In his defence, the accused gave sworn testimony that he was not present on the material day and returned to his house at night before being arrested the next day.
In mitigation, the accused pleaded for leniency, but the magistrate found him guilty and sentenced him to ten years in prison, minus four months in remand custody.
“Section 9 (1) of the Sexual Offences Act says a person who attempts to commit an act which would cause penetration with a child, is guilty of an offence termed attempted defilement.
“I find that the prosecution did not prove its case beyond reasonable doubt on the main count, but did prove the alternative count beyond reasonable doubt.
“I find the accused person guilty as charged on the alternative count and convict him accordingly,” SRM Nekesa said.
The convict was reminded that if he was dissatisfied with his sentence, he could appeal within 14 days.
Kericho Man Handed 10 Years Imprisonment For Defiling 7-Year-Old Girl
