• The accused person was sentenced to life imprisonment after the court dismissed his mitigations and ruled that the offence was barbaric.
•The key witness in the case was; the minor, the investigating officer and the medical expert.
Image: CLAUSE MASIKA
A Kibera chief magistrate has sentenced a man accused of defiling a minor aged 11 years to life imprisonment after the court found him guilty of the offence.
The magistrate however made it clear that he had no regret about the verdict and that her mind was sure he committed the offence.
“Having considered all the above-mentioned factors, I have no doubt and I am sure in my mind that the accused person defiled PW1, I, therefore, sentenced him to life imprisonment,” she said.
Kevin Madete had been charged with defiling the girl on unknown dates in November 2019 at Southlands Kijiji Lang'ata Sub-county within Nairobi County.
He was also charged with committing an indecent act with the child contrary to the sexual offences act.
He denied all two counts and was released on bond.
During the trial, court prosecutor Jeff Musyoka called several witnesses who testified in the case.
The key witness in the case was; the minor, the investigating officer and the medical expert.
While nailing the accused person in the case, the minor told the court that the accused person defiled her days after requesting her to drop him some groundnuts.
“I was playing outside with my friends and Kevin told one of my friends to give me groundnuts so that I take them to his house for his own consumption,” she told the court.
She said that one day, the accused person called her to his house, closed the door and forced her to undress her clothes.
“When I got to his house he told me to undress and I refused, he then told me that he wanted me to be his girlfriend and used tricks until I undressed and he defiled me,” she told the court.
She told the court that the incident left her bleeding although it did not affect her walking.
“Moraa saw me leaving the accused person’s house and she told my father. My mother was at work and my father called her too to inform her of what Moraa had reported,” she told the court.
During the cross-examination, the minor positively identified the accused person.
Another witness, a gender-based violence health expert also testified in court and said that the accused person defiled the girl once and attempted to defile her on another date.
“After examining the girl, I found that her hymen was broken and gaping. She had notches on her vagina and had a foul-smelling discharge and that she gave her the necessary care given to such victims,” she told the court.
In his mitigation, the accused person said that the offences were false.
He told the court that he never committed the offence and said that she was remorseful.
The magistrate however said that the accused person was well-identified by the minor and the medical report do not lie.
She said that she had put all her mitigations into her consideration and sentenced him to life imprisonment.
He however gave him 14 days to appeal if he wished to do so.