A 31 year old father of four who pleaded not guilty to defiling a five year old girl at a tea plantation as she headed home from school has been sent to jail for life by a Kericho court.
The accused, Gilbert Kibet Kirui alias Shua was arraigned on Friday before Kericho senior resident magistrate Benard Rugut Kipyegon and charged that on 21 July 2017 at Kapkhonyi sub-location within Kericho County he defiled a minor aged five years.
Kirui alias Shua was also charged with an alternative charge of committing an indecent act with a minor to which he pleaded not guilty.
The prosecution brought to court six witnesses who gave collaborating evidence against the accused.
The prosecution revealed that on the material day the complainant met the accused at around 5pm on her way back home from school.
The accused after exchanging greetings with the complainant pulled her to a tea plantation, where he removed her skin-tight and panty then defiled her.
The accused was a next-door neighbour to the complainant, a Class one pupil.
After the ordeal, the accused left and the complainant walked home where on arrival met her mother whom she reported the incident.
The complainant mother on checking her daughter’s panty found unusual white discharge stains as well as wetness.
She also found redness on the genitals, which prompted her to seek medical attention for her daughter.
At Sosiot health center the complainant was examined and a P3 form was filled, the matter was reported at Sosiot police station.
A medical report from the doctor revealed that the complainant experienced partial penetration.
Upon examination, no spermatozoa were found on the child’s genitals, no blood stains were found but an inflamed vaginal wall was seen.
The accused in his defense told the court on the material day he left for work and returned home at 5pm.
At 7pm he stepped out to some video show shortly and while asleep at 10pm members of the public came to wake him up.
They led him to the area chief on allegations he had defiled the five year old minor.
Kirui told the court that he was framed attributing this to some score which had arisen after cohabiting with the complainant’s mother for four months and later returning to his wife and children.
For this reason, the complainant’s mother was displeased and framed up the case against him.
Four exhibits were tabled before the court notably; treatment notes, birth certificate, the complainants school navy blue uniform and a P3 form.
In mitigation, the accused pleaded for leniency saying he had four children to take care, one being sickly.
A probation report tabled before the court revealed that the accused was not remorseful and still denied committing the offense.
The complainant’s family was still bitter about the incident and strongly recommended a custodial sentence for the offender.
The complainant was treated with post exposure prophylaxis medication to prevent exposure to the HIV virus for 28 days.
She had to stay at home while on the drugs revealed the probation report.
The court gave the accused 14 days to file an appeal.
Source: Kenya News Agency