- He had been charged with the second count of committing an indecent act with the child contrary to the Sexual Offences Act.
- While reading the sentence to him the magistrate said the offence was proved and dismissed his defence.
Image: FILE
A man who lured his son with fruits before sodomising him has been jailed for life by a Kibera court.
QP was jailed by Kibera senior principal magistrate Phillip Mutua after court prosecutor Violet Ombati proved the case against him.
The court heard that the accused person committed the offence on April 30 in Lang'ata.
He had been charged with the second count of committing an indecent act with the child contrary to the Sexual Offences Act.
While reading the sentence to him the magistrate said the offence was proved and dismissed his defence.
The accused person had mitigated that he was a law-abiding citizen of goodwill and asked for leniency.
The magistrate also quoted the probation report that portrayed the accused person as not remorseful and dangerous.
“The court has concluded that the victim was too young and the offence was barbaric. After considering the accused person's mitigation, the court now sends him to life imprisonment, he has the right to appeal in 14 days,” the magistrate said.
The minor and four other witnesses had testified and narrated what occurred.
The boy said the accused person lured him from the field where he was playing with other kids to their house.
“He took me from the field where I was playing with my friends to our house and forced me to lie on the floor, he then undressed me, covered my mouth with a cloth and defiled me,” he told the court.
He testified that the accused person warned him never to tell anyone of the incident.
The victim's mother told the court that she found the boy crying and sitting at the door.
“Together with my friend, we found him at his door crying, when we asked him to tell us what the problem was, he refused and we arrested the accused person and took them to the police station,” she said.
A medical expert and an investigating officer also testified in court. They both proved that the offence of defilement was committed.
In his defence, he alleged that his wife attacked and assaulted him.
He said that the offence was fabricated and he never committed it.
The court dismissed his defence and jailed him for life.