Office of The Director Of Public Prosecutions@ODPP_KE
A Kajiado Law Court has convicted and sentenced a middle-aged man to twenty (20) years’ imprisonment for defiling a 12-year-old girl in 2021.
The minor, while testifying before the court, narrated how on the night of 15th October 2021, after attending a family burial, she had been assigned to serve visitors at her home. Among the visitors was the accused, a neighbour known to her, who lured her outside the gate under the pretext of asking her a question, and he applied a powdery substance to her face, causing her to lose consciousness. When she regained awareness, she found the accused in the act of defiling her. She testified that she immediately resisted, slapped him, and fled back home in distress.
In a judgement delivered by Principal Magistrate Hon. Susan N. Mwangi, the court found that the prosecution had proved all the essential ingredients of the offence of defilement and observed that the complainant’s evidence was clear, consistent, and corroborated by medical findings.
In dismissing the accused’s defence that he had been framed, the court noted that the allegation was unsubstantiated and did not shake the strong prosecution evidence. The magistrate emphasized that there was no possibility of mistaken identity, as the complainant had known the accused as a neighbour and was able to clearly recognize him before and after the incident, including identifying him to the police, leading to his arrest. In addressing the accused’s mitigation, the magistrate expressed concern over his attempt to invoke his role as a father and sole breadwinner as a basis for leniency.
Further, the court questioned whether the accused had considered the welfare of his own children or the consequences of his actions at the time he committed the offence. The magistrate observed that such factors could not outweigh the gravity of the crime, noting that the court could not be called upon to remedy the consequences of the accused’s own deliberate and unlawful conduct, particularly where he had travelled from his home county to commit such a heinous offence.
The prosecution, led by Linda Nzioka, presented a total of five (5) witnesses, whose evidence the court found to be consistent and sufficient, thereby proving the case beyond reasonable doubt.
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