Nakuru High Court has upheld the conviction of a man found guilty of defiling a 9-year-old girl in Nakuru North sub-county.
The appellant had been originally sentenced to life imprisonment for the July 18, 2018, offence, a penalty deemed unconstitutional.
“The appellant was charged with defiling a 9-year-old girl on July 18th, 2018, in Rigogo area, Nakuru North sub-county, contrary to Section 8 (1) of the Sexual Offences Act, with an alternative count of committing an indecent act with the minor,” Office of The Director Of Public Prosecutions (ODPP) said in a statement on July 3, 2024.
In her ruling, Lady Justice Patricia Gichohi imposed a 30-year jail term, citing the appalling nature of the crime and the imperative for a deterrent sentence.
The judge’s decision came after careful consideration of the evidence presented during the trial, which she deemed overwhelmingly against the appellant.
Kericho
The ruling by the Nakuru court comes weeks after a Kericho court handed a life imprisonment sentence to a 35-year-old man who was found guilty of defiling a minor.
Kericho resident magistrate Clare Odunga sentenced Emmanuel Kibet Rono to life imprisonment on June 14, 2024, for defiling an 11-year-old girl.
Rono was found guilty of luring the minor to his house between August 2 and August 8, 2022, in Kapseger village, Kericho County.
Despite his pleas of innocence and an alibi defence, the court determined that Rono’s testimony lacked credibility.
The prosecution presented compelling evidence, including corroborative witness testimonies and medical reports, confirming the defilement.
The prosecution in Rono’s case provided detailed accounts of the events, starting when the minor, at her home, was beckoned by Rono, a neighbour, to assist him with retrieving a key from his house.
Once inside, the girl was assaulted and threatened with death if she disclosed the incident. Her ordeal came to light on December 1, 2022, when she confided in her mother, leading to Rono’s arrest and subsequent trial.
Medical examinations corroborated her account, solidifying the prosecution’s case.
In his defence, Rono presented a sworn statement and called two witnesses who testified that he was in a different location during the time of the offence.
However, under cross-examination, inconsistencies in their statements and the alignment of the medical evidence with the prosecution’s timeline undermined his defence.
Magistrate Odunga dismissed his defence as an afterthought, affirming the life sentence under the Sexual Offences Act.