A middle-aged man has been sentenced to 20 years in jail
after being found guilty of defiling and impregnating a 13-year-old girl.
Nicholaus Akeno was accused that on diverse dates of April
2022 and February 2023, he intentionally and unlawfully defiled a minor.
Akeno appeared before Senior Resident Magistrate Edwin
Mulochi for an offence he committed at Nginyang village, Loyamorok location,
Tiaty East subcounty within Baringo.
He also faced an alternative charge of committing an
indecent act with a child contrary to section 11 (1) of the sexual offences
act.
In her evidence, the girl told the court that she knew the
accused, as he used to come to their home.
“I was alone at home when he found me in my bed. He
undressed me and did the heinous act for around two minutes before he left. I
screamed for help, but no one came to my rescue,” she narrated.
The victim who delivered the baby in August 2023 is said to
have reported the matter to Nginyang police station.
Investigations
officer, Patrick Lusinde, confirmed that the victim reported the matter at
Nginyang Police station on April 30, 2023, which occurred on diverse dates
between April 2022 and February 2023.
“She visited our
facility on May 2, 2023, where we conducted pregnancy tests, and the examination
showed that the test was positive and she was 24 weeks pregnant at the time,”
Fredrick Kiplagat, a clinical officer at Chemolingot health centre, stated.
Shanice Chepkemoi, her sister’s daughter, explained to the
court that the victim started looking sickly and she always vomited, prompting
her to conclude she was pregnant.
Upon considering the totality of the evidence tendered, the
magistrate found that the prosecution presented sufficient evidence to prove
that it is the accused who defiled the complainant.
In mitigation, Akeno pleaded with the court for leniency, claiming he would not repeat the offence.
The Magistrate, however, ruled that the accused is guilty as
charged for defilement contrary to section 8(1) (3) of the sexual offences act
and is consequently convicted under section 215 of the Criminal Procedure Code.
He subsequently sentenced the middle-aged man to 20 years'
imprisonment, considering he was a first-time offender.
However, the magistrate gave him 14 days' right of appeal.
