A 27-year-old man who pleaded not guilty to defiling a minor who was left under his care by the house help, has been jailed for 60 years by a Kericho court.
Kericho Senior Resident Magistrate, Aziza Ajwang, found Shedrack Kiprotich Bii, guilty of defiling the six year old girl in his house on 11th, August 2021, at Sigowet Location in Soin/Sigowett Sub-county of Kericho County.
Bii was also charged with an alternative charges of committing an Indecent Act with the girl, to which he also pleaded not guilty. The prosecution produced six witnesses, all who gave corroborating evidence against the accused.
The Court heard on 11th, August 2021, the mother of the minor left for hospital to give birth, leaving her daughter under the care of the house help and the accused person, who was her neighbor and employed to do menial works at the family’s home.
When she returned home on 14th, August 2021, she was informed by her house help that her daughter had been spending some time at the accused person’s house.
A friend of the family who had visited complainant’s home on 12th, September 2021 noticed the complainant unusual demeanor, as she kept on touching her private parts and upon questioning, she explained that the accused had defiled her and the incident had taken place when the house help had gone to the local shop for an errand.
The minor added that during the heinous ordeal, she felt pain prompting to inform the accused to stop who complied but threatened to kill her if she reported the matter to anyone. The minor repeated the same narrative to her mother.
The complainant was taken to Soin/Sigowet Sub-county Hospital for medical examination, where she was treated and the matter reported to police.
A clinical officer who examined the minor told the Court that indeed she had been defiled, with a P3 form and Lab Reports tabled before the court, further confirming the defilement charge.
In his defense, the accused gave a sworn testimony and denied committing the offence. He said the complainant’s mother was his employer and whenever she went to hospital, he would play with the complainant.
He told the Court that two weeks after the complainant mother returned from hospital to her home, she gave him some clothes to wash, to which he refused and a plot to have him jailed was hatched.
In mitigation the accused pleaded for leniency but the magistrate found him guilty and ordered that he serves 60 years-in jail.
“The accused person was in the compound with the complainant alone on the material day. He, therefore, had the opportunity, time and facilities to commit the offence. The accused person on his part denied committing the offence, stating that the victim’s mother framed him because he refused to have sex with her and that he also refused to wash her clothes.
The accused person places himself at the scene of crime, he confirms that he was employed by the victim’s family and that the victim loved to spend time with him.” Ajwang ruled.
“I hereby find that the evidence adduced has confirmed beyond any reasonable doubt that the accused committed the act, which caused penetration with the alleged victim who was a child aged six years. I therefore find him guilty and convict him of defilement contrary to section 8(1) as read with section 8 (2) of the Sexual Offences Act of 2006 as charged.
The convict was reminded of the right to appeal the sentence within 14 days if dissatisfied.
By Sarah Njagi
