• Paul Ibeyi Muya defiled four-year-old SJ in 2017.
• He was arrested by the public and taken to the police station.
Image: SCREEN GRAB
Four-year-old SJ was at home on November 2, 2017, playing with her brother, EK, when a man known to them went and asked them to help him herd cows.
The children accepted and followed him to the herding field but after a while, Paul Ibeyi Muya, with vile plans in mind, sent EK away.
The herdsman grabbed the girl, removed her clothes and proceeded to defile her before the brother found him in the act.
Seeing this, a shocked and scared EK ran away crying to their mother who was doing laundry.
He told her to go see that Ibeyi was "doing bad manners" to his sister.
Sharing her son's shock, the woman hurried to the forest where she found SJ crying.
The girl narrated what had happened and mother and daughter went to the police station before going to Moi Teaching and Referral Hospital for an examination.
The doctor found that the minor was indeed defiled, as supported by injuries to the genitalia and whitish discharge, consistent with penetration.
At the same time, an angry crowd arrested Ibeyi and took him to the police station where the officer on duty recorded the statements.
During the recording, Ibeyi admitted the offence and apologised.
In the obvious move, the officer proceeded to prefer the charge of defilement to Ibeyi.
The trial began and when the man was placed on defence, he denied having committed the offence.
He testified that he was arrested by the public but did not know why and that the police never informed him of the reason.
Upon considering the testimonies and evidence in court, the trial magistrate convicted Ibeyi of defilement and sentenced him to life imprisonment.
He was however dissatisfied with the conviction and sentence and appealed the same at the High Court at Eldoret.
Ibeyi faulted the trial court for convicting and sentencing him on the testimonies of the kids, claiming they were coached and lured to giving incriminating, unsubstantial and illegally obtained evidence.
He further argued that he was not identified by the key witness.
The court reviewed the case and concluded that the man was identified by the children and that their mother recognised him.
Judge Reuben Nyakundi noted that the recognition evidence was never challenged by the defence during the trial.
"In the premises, all the ingredients for the offence of defilement were proved beyond reasonable doubt by the prosecution. I therefore find no reason to disturb the conviction of the appellant (Ibeyi) by the trial court," the court document read.
The judge further pointed out that since defilement was established, the law outlined in Section 8(2) of the Sexual Offences Act that:
"A person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life".
He went on to note that even though mandatory sentences are unconstitutional, courts are at liberty to impose the sentences prescribed in law.
After considering the offence and Ibeyi's mitigation, Judge Nyakundi dismissed the appeal and upheld the trial court's decision.
"I have considered the offence committed and the mitigation of the appellant and I am not convinced that there is any reason to interfere with the sentence of the trial court," the judgement read.
The verdict was delivered on October 31.