A 34 year old man was sentenced to death by the High Court Judge in Bomet Roselyn Korir for defiling and killing a three year old baby girl.
The prosecution led by George Murithi told the court that Bernard Kibet Busienei alias Chagicha was charged with the offence of murder contrary to section 203 as read with 204 of the penal code.
Mr Murithi said that on January 27, 2017 at Chemorut village, Manet sub location of Bomet East Sub County within Bomet County, the accused defiled and later strangled a three year old girl.
According to the evidence adduced before the court, Doctor Ronald Kibet, who carried the post-mortem on the deceased indicated that the body had blood secretion in the nostrils and strangulation marks around the neck.
Dr Kibet, also stated that there was fresh blood around the genitalia and the rectal region, indicating she was raped and sodomized before strangulation which caused the minor’s death.
The case was handled by three judges, Martin Muya, Asenath Ongeri and ruling by Justice Korir who said that despite mitigation by the accused and his family that he was the sole breadwinner but looking at the evidence the accused would not reform and join society.
According to the probation report the accused was a drug abuser and left school at class six to indulge in alcoholism and bhang smoking in the village.
When the accused committed the heinous act the villagers set fire to the homestead burning everything, killing all their livestock, prompting the entire family to flee from the village and they have not returned in the past four years since the incident occurred.
The probation report indicated that if the accused was to be released back to society emotions will rise again and recommended custodial sentence.
“The evidence by Mr Richard Kimutai of Government Chemist, the findings on the DNA extracted from the blood strains on the accused’s trouser matched the DNA extracted from the from the body of the deceased,” the judge Korir stated.
The Judge said, “ having considered the supreme court ruling on the 2017 case that the mandatory nature of death sentence was unconstitutional; and the trial court ought to exercise discretion and for avoidance of doubt this order does not disturb the validity of the death sentence.”
She said that considering the law, “I have no option but sentence the accused to suffer death in accordance with section 204 of the penal code and I so pronounce.”
The accused was given 14 days to appeal against the conviction and the sentence.
The Villagers who have been waiting for the ruling in the past three year said justice had been done to the young girl who lost her life.
by Joseph Obwocha