Elgeyo men get life, 20 years in prison for defilement

"Chebii and Kauka were given 14 days to appeal the rulings." /STEPHEN RUTTO
"Chebii and Kauka were given 14 days to appeal the rulings." /STEPHEN RUTTO

A man

accused of defiling a four-year-old girl in Elgeyo Marakwet has been sentenced to life imprisonment.

Simon Kauka,

40, was found guilty of defiling the minor at Koibaben trading centre on January 1, 2016.

The Iten magistrate's court was told Kauka lured the minor into his house before committing the offence.

Senior magistrate Hezron Nyaberi said in his ruling on Tuesday that the court was satisfied, based on evidence presented, that Kauka sexually assauled the minor.

"I have come to the conclusion that the charge of defilement against the accused has been proven beyond any shadow of a doubt," Nyaberi ruled.

"I hereby convict the accused under section 215 of the criminal procedure code."

In his defence, Kauka had said he was in hospital attending to his wife who had just given birth when the crime occurred.

But the prosecution said the defence was not supported by any documentation.

The prosecution further said although Kauka was a first-time offender he was not remorseful.

Nyaberi ruled: “In view of Section 8(a) of the Sexual Offence Act, I order that the accused be sentenced to imprisonment for life.”

At the same court, a 76-year-old man was sentenced to 20 years in jail for attempting to defile two sisters aged five and six on December 14, 2016.

Prosecutor Duncan Chelashaw told the court that Richard Chebii found the two playing outside their home and asked for drinking water.

After drinking the water, the accused ordered the minors to get into the house and sleep on the bed. It is said he followed them and committed the crime.

Nyaberi found Chebii guilty of the two counts, saying the evidence was sufficient.

Chebii and Kauka were given 14 days to appeal the rulings.

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