The prosecution secured a conviction and a sentence of life imprisonment in a defilement case involving an 11-year-old minor in Chuka Law Courts.
The evidence on record established that on the material night, the complainant’s mother left the minor and her younger siblings alone at their residence and proceeded to Kaanwa Market, where she spent the night at her boyfriend’s (also referred to as her “husband’s”) residence in a night marked by a heavy downpour.
Taking advantage of the prevailing circumstances, the accused person, a neighbour well known to the complainant, unlawfully broke into the complainant’s house.
He had disguised himself by covering his head and shoulders with a scarf and was armed with a knife. The accused threatened to kill the complainant should she scream or raise any alarm.
The accused then forcibly removed the minor from the house and escorted her to a nearby maize plantation, where he defiled her. After committing the offence, the accused escorted the complainant back to her home.
Upon returning to the house, the accused demanded that the complainant prepare and serve him food. After eating, the accused left the complainant’s residence.
At all material times, the complainant was in the company of her younger brothers, who were also minors. Upon careful evaluation of the evidence tendered, the court found the accused guilty as charged and sentenced him to life imprisonment in accordance with the law.
The matter was prosecuted by the Principal Prosecution Counsel, Mary Gakuo.
