A man who defiled a three year-old girl before strangling her to death has been handed the death sentence by the High Court in Bomet.
Justice Roselyne Korir sentenced Benard Busieney alias Chagicha to death for the offence of murder, which occurred three years ago.
According to the prosecution, Busieney murdered the baby in Bomet on January 27, 2017.
In its submission before the court, the prosecution led by George Murithi gave a chilling account of how Busieney defiled the baby and strangled her.
The court heard that even though there was no witness to the commission of the offence, the case was proved through circumstantial and forensic evidence.
“Externally, there was blood secretion in the nostril, strangulation marks around the neck…there was fresh blood on the thighs, genitalia and rectal regions. The perineum had bruises and tears. Cause of death was strangulation,” read the postmortem report by Ronald Kibet.
Richard Kimutai, a government analyst who conducted DNA tests, found that the blood stains on the accused’s trouser and shirt matched those extracted from the vaginal and rectal swab of the deceased.
In her ruling, Justice Korir said that while death sentence for the offence of murder was unconstitutional and that the trial court should exercise discretion after taking into consideration the circumstances of the case as well as any aggravating or mitigating cause before meting an appropriate sentence, the Supreme Court saved the validity of the death sentence.
“In this case, I have considered all the factors and circumstances as aforestated. The circumstances in this case as borne by the evidence and the judgment were so aggravating as to attract the maximum sentence…The court in my view has the constitutional duty to apply the law to mete out proportionate punishment and to protect the community,” she said.
Korir added, “It behooves the court to protect vulnerable children from fatal defilement and cold-blooded murder. It would offend the society’s sense of justice if the accused were to get any sentence other than the maximum sentence provided by the law…I sentence the accused to suffer death and I so pronounce.”
While pleading for leniency, Busieney stated that he was the first born and breadwinner of his family and that it was alcoholism that made him to commit the crime.
A probation report submitted to court stated that the accused was a class seven dropout and heavily abused alcohol and smoked bhang.
The report further stated that the incident caused public outrage leading to the torching of several houses in the home of the accused and eviction of his family members.
“Both the deceased’s and accused’s families craved for a deterrent custodial sentence as they are fearful of his release back to the community…it is untrue the accused is the breadwinner.”
The court observed that Busieney paints a picture of a person whom the community should be protected from.
Busieney was given 14 days to appeal both the conviction and sentence.
Edited by Henry Makori
