• Makadara chief magistrate, Heston Nyaga, sentenced Dennis Okoth Onyango to a 15-year jail term after he was on Tuesday convicted of defiling a minor aged 16 years.
• On the fateful night he had gone to seek shelter at a friends place after a quarrel with his mother.
Justice has been served to a 16-year-old boy who was sodomized by a scout trainer on October 20, 2013.
On Thursday, Makadara chief magistrate, Heston Nyaga, sentenced Dennis Okoth Onyango to a 15-year jail term after he was on Tuesday convicted of defiling a minor aged 16 years.
“In my opinion, the accused should not be anywhere near a child especially the boy child,” the magistrate ruled.
Okoth was accused of committing the offence at Dandora Phase IV estate in Njiru Sub County within Nairobi.
He was also faced with an alternative charge of committing an indecent act with a child.
Okoth pleaded not guilty and the prosecution called four witnesses to prove its case.
The minor testified that on the material date, she had gone to seek shelter at a friend’s house, after having a quarrel with his mother, Miriam Andusa, who had even slapped her.
His friend Alude lived with the accused.
The court heard that the night of the incident there were three other people in the house.
They spread a bed on the floor where the accused and the minor slept while another boy slept with Allude on the bed.
In the middle of the night the victim heard Okoth caressing him before pulling his trouser down.
The victim resisted, but Okoth told him to be quite as there were other people in the room.
He stopped for a while but later went on his top and sodomized him.
Two days later, the minor went and asked his friend Alude if the accused had done anything to him, but he did not answer him and neither did the complainant tell him what had happened to him.
He went and report the incident to one of his class teacher Samuel Karimi who directed he be taken to hospital.
The matter was latter reported to the police.
He stated that the accused had shown him pornographic images and videos on his phone before they slept.
Karimi testified that he was the class teacher of the victim while the accused was a scout trainer at the school he was teaching.
He said that he was informed by the shool head that one of his students had been defiled, and took the victim to hospital before informing his parents.
Dr Kizzie Shako who examined the victim at Nairobi women hospital noted tenderness on his anal opening
In his defence Okoth denied having slept with the victim on the fateful night.
In his ruling, Nyaga said that the defense was never convincing.
“The boy has given a comprehensive account of everything that transpired on the fateful day. His narration does not appear to be mere fabrication or lies,” he said.
He said that the prosecution had proved its case against Okoth by first establishing that the complainant was defiled a then linking the accused to the offence.