By Andrew Kariuki
A Kajiado Law Court has convicted and sentenced a middle-aged man to 20 years’ imprisonment for defiling a 12 year old girl in 2021.
The minor told the court that on the night of October 15, 2021, after attending a family burial, she had been assigned to serve visitors at her home. Among them was the accused, a neighbour known to her, who lured her outside the gate under the pretext of asking a question.
She testified that the man applied a powdery substance to her face, causing her to lose consciousness. When she regained awareness, she found him defiling her. The victim said she immediately resisted, slapped him and fled back home in distress.
In a judgment delivered by Principal Magistrate Susan N. Mwangi, the court found that the prosecution had proved all elements of the offence beyond reasonable doubt.
The magistrate noted that the complainant’s evidence was clear, consistent and corroborated by medical findings.
The court dismissed the accused’s defence that he had been framed, ruling that the claim was unsubstantiated and did not weaken the prosecution’s case. It further held that there was no possibility of mistaken identity, as the complainant had known the accused as a neighbour and positively identified him to the police, leading to his arrest.
In considering mitigation, the court rejected the accused’s plea for leniency based on his role as a father and sole breadwinner. The magistrate questioned whether he had considered the consequences of his actions at the time of committing the offence, emphasizing that such factors could not outweigh the gravity of the crime.
The court further observed that it could not be called upon to mitigate the consequences of deliberate and unlawful conduct, particularly in a case involving a minor.
The prosecution, led by Linda Nzioka, called five witnesses whose evidence the court found consistent and sufficient in securing the conviction.
