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Life imprisonment for defiling minor

A middle aged man was sentenced to life imprisonment by a Narok Court Thursday, after he was found guilty of defiling a 10-year-old girl.

Saitabau Ntei had appeared before Narok Senior Resident Magistrate Hosea Ng’ang’a charged with defiling the minor on February 6, 2018 at Olkinyei village in Narok West sub-county.

He faced an alternative charge of indecently assaulting the minor by touching her private parts but this charge expired after he was convicted of the main charge of defilement.

Ntei had denied the charges claiming that he had been framed by the girl`s family where he had worked as a casual labourer for five months without pay.

“I was employed by the girl’s family for five months to herd goats and I have never received any salary. When I asked for my dues, they instead called the area chief who arrested me and took me to police station and was implicated to have defiled their daughter,” the accused said in his defense.

However, during the fateful day, the court was told that the man lured the girl into a nearby bush defiled and warned her never to tell anyone.

“Evidence given in court by the young girl was clear that you lured the girl into a bush during evening hours, forced her to remove her clothes before defiling her,” said the Magistrate when reading the judgment.

The court was told that the girl was later taken to Ololulunga Hospital for medical examination where it was established that indeed she had been defiled.

In his judgment, Ng’ang’a said the prosecution had proved their case beyond reasonable doubt. He said the facts of the case were well-corroborated and did not leave any loose ends; a proof the minor was defiled by the accused.

The magistrate said that it was disturbing that the accused had decided to ruin the life of a mentally challenged girl whom he knew very well.

In mitigation Ntei pleaded for leniency saying he was the first borne in his family and all his siblings were depending on him for upkeep and that they were bound to suffer if he was jailed.

The magistrate said he had considered Ntei’s mitigation and the fact that he was a first offender and remorseful adding: “Nevertheless the offence is of grievous harm to the minor as she will live with trauma and thus the accused deserves life imprisonment.”

The magistrate reminded the accused of his right of appeal in 14 days.

 

By Ann Salaton

 

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