A father of eight who pleaded not guilty to defiling his 17- months- old niece at his house has been jailed for life by a Kericho court.
Kericho Senior Resident Magistrate Japhet Bii found Justus Kipsigei Cheruiyot, 46, guilty of defiling the toddler in his house on 1 May 2025 at Chesingoro village in Bureti sub-county within Kericho County.
Cheruiyot was also charged with an alternative charge of committing an indecent act with the young child to which he also pleaded not guilty.
The prosecution produced six witnesses, all who gave corroborating evidence against the accused.
The court heard that on 1, May 2025, the toddler’s mother at around 10.20am, was woken up from her nap by her four- year- old daughter with information that her 17- months- old sibling was being killed by the accused whom he had taken to his house while armed with a knife.
The child’s mother on rushing out of her house, met the accused who is her brother fleeing as he dropped her crying toddler to the ground.
The mother found her naked child having lost consciousness with blood oozing from her genitals and mouth. She took her toddler to Kapkatet sub-county hospital for treatment where they were brought to Kericho Referral Hospital in an ambulance and the child was taken for surgery and admitted at the facility for 12 days.
The matter was reported to Litein police station and the accused was arrested at around 5pm on May 1, 2025.
A clinical officer who examined the minor told the court that indeed the toddler had been defiled. A P3 form and laboratory reports tabled before the court indicated that the hymen had been freshly torn and there was bleeding of her private parts.
Sexual activity had taken place with penetration as observed with the broken hymen further confirming the defilement charge.
A birth certificate was tabled before the court revealing the toddler was indeed 17- months- old at the time of the heinous ordeal.
In his defence, the accused gave a sworn testimony and denied committing the offence. He told the court that he did not know what had happened that day. Cheruiyot added that he was arrested and taken to the police station where he was informed that he had defiled a child.
He further told the court that the child was usually in the company of her mother and there was no way he would have defiled his niece.
In mitigation, the accused pleaded for leniency asking for a non-custodial sentence as he had eight children who depended on him but the magistrate found him guilty and ordered that he serves life imprisonment.
“I have considered the mitigation. I have also considered the circumstances which the offense was committed. The accused person committed a beastly act upon a child of tender age that was savage. It is more disturbing that the child belongs to the accused sister who lives in the same compound.
From the foregoing, I find that the elements required to prove a case as this have been properly established. There was penetration of a minor by the accused person. The case against him has properly been proved. The accused is hereby found guilty as charged. He is consequently convicted under section 215 of the Criminal Procedure Code (Cap 75) laws of Kenya.” Bii ruled.
The convict was reminded of the right to appeal the sentence within 14 days if dissatisfied.
By Sarah Njagi
