- A report from the government chemist department in Kisumu dated May 11, 2023 was produced before the court as an exhibit in the case.
- The convict was reminded of the right to appeal the sentence within 14 days if dissatisfied.
Image: KNA
A 34-year-old man who was convicted of defiling a minor at his home has been jailed for ten years by a court in Kericho.
Kericho Senior Resident Magistrate Felistas Nekesa found Patrick Ngetich guilty of committing an indecent act with a seven-year-old in his house at Kopsito village in Bureti Subcounty, Kericho.
This is contrary to section 11 (1) of the Sexual Offences Act No 3 of 2006 on January 16, 2023.
The accused was also charged with defilement contrary to section 8 (1) as read with Section 8(2) of the Sexual Offences Act No 3 of 2006.
He denied committing the offence.
The prosecution produced four witnesses, who gave corroborating evidence against the accused.
The court heard that on January 16, 2023, at around 8am, the complainant together with her sibling were taken by her mother to visit their grandmother and were left to stay there as their mother left.
After a while, the minor decided to go back to their home to see if her mother was there but found the door to their house locked.
The girl sat on a bench outside their home as she waited for her mother to return only to hear her name being called out.
Before she could turn to see who was calling her, she felt her right hand being held.
It was their neighbour, the accused, who pulled her into his house.
The accused undressed the girl and placed her on his seat.
He attempted to have sexual intercourse with her by coming into contact with her genitalia as he held her mouth using his hand to muffle her screams.
After some time the accused told the minor to dress up and go back home.
The minor put her clothes on and walked back to her grandmother’s home, but did not reveal anything until when her mother arrived to pick her up.
The girl’s mother saw her daughter’s inner clothing as having a mucus-like substance.
The complainant was taken to Kapkatet district hospital for medical examination and the matter was reported to police at Litein police station.
The accused was arrested on January 18, 2023, at his home.
A clinical officer who examined the minor told the court that there was partial penetration of her sexual organ.
On examination, there were no blood stains and the girl was in fair general condition with slight pain on the elbow.
The labia majora and minora were slightly swollen with a yellowish discharge and the hymen was intact.
The P3 tabled before the court confirmed there was attempted defilement.
A report from the government chemist department in Kisumu dated May 11, 2023 was produced before the court as an exhibit in the case.
It concluded that the DNA of the accused person was not found on the complainant’s innerwear.
In his defence, the accused gave sworn testimony saying on the material day he was not present and only came back to his house at night and was arrested the next day.
In mitigation, the accused pleaded for leniency but the magistrate found him guilty and ordered he serve ten years in jail minus the four months he had spent in remand custody.
“I find that penetration is in doubt, hence not conclusive whether the accused person defiled the complainant,” SRM Nekesa said.
"Section 9 (1) of the Sexual Offences Act says a person who attempts to commit an act which would cause penetration with a child, is guilty of an offence termed attempted defilement.
"Penetration may not have been proved but it is clear that the accused person came in contact with the genitalia of the complainant, meaning that the accused body was in contact with her private parts.
"The accused denied being at home on the material date but did not provide proof or an alibi to prove his absence, as such I find his defence to be mere denial,” Nekesa said.
"I find that the prosecution did not prove its case beyond reasonable doubt on the main count, but did prove the alternative count beyond reasonable doubt.
"I find the accused person guilty as charged on the alternative count and convict him accordingly," SRM Nekesa said.
The convict was reminded of the right to appeal the sentence within 14 days if dissatisfied.