A middle-aged man has been sentenced to 25 years imprisonment after he was found guilty of defiling nine-year-old girl.
The accused, Siwan alias Lomomwai Moses, who appeared before Kapenguria Senior Resident Magistrate (SRM) Kipchumba Kenei, is said to have committed the heinous offence on March 30, 2023, at night in Lokii village in West Pokot County.
The accused was charged with two counts of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006, with an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act No. 3 of 2006.
In his ruling, the magistrate noted that the prosecution established the case against the accused beyond reasonable doubt.
The magistrate also noted that she considered the authorities that were presented before the court to enable the court to arrive at the judgement.
“I have considered the above-cited authorities the fact that the accused is a first-time offender, and in mitigation, he prayed for leniency having lost his wife in the month of October 2022.
The accused pleaded that he was the sole provider for his children. However, the magistrate noted the sentiments captured in the pre-sentence report, which indicated the minor was still traumatised.
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.
By Anthony Melly
