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 the minor.
Akeno appeared before Senior Resident Magistrate (SRM) Edwin Mulochi for an offence he committed at Nginyang village, Loyamorok location, Tiaty East Sub County within Baringo County.
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 be coming 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 will 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.
By Carlos Kiprop and Joshua Kibet
