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Man gets life sentence for defiling his 9-year-old niece

A 26-year-old man who defiled his nine-year-old niece has been sentenced to life imprisonment by a court in Iten.

Passing the judgment, principle magistrate Hezron Nyaberi said the court was satisfied that the complainant told the truth when she narrated how the uncle, David Kiptoo, lured her from her home to assist him light fire on the material day of the incident.

She followed him but on reaching his house they found it locked and the uncle took her to another house where he enticed her with a sweet, which she refused. It was then that he forced her down and defiled her in the process inflicting neck and head injuries on her.

The magistrate said the prosecution had proved beyond reasonable doubt the main charge of defilement. He added that both the mother and the birth certificate proved that the minor was nine years old when she was defiled.

INDECENT ASSAULT

Kiptoo had been charged that on 9th February 2013 at about 6 pm at Embobut village, he intentionally and unlawfully sexually abused a minor aged nine. He faced an alternative charge of indecent assault.

“Section 8 (2) of the sexual offences act provides that a person who commits an offence of defiling a child aged 11 years or less shall upon conviction be sentenced to imprisonment for life,” the magistrate said while delivering his judgement.

The county probation director Ferdinard Ouma told the court that the accused had threatened the mother of the victim during the hearing of the case.

He added that the safety of other children in the community would be in danger if the accused is released.

In mitigation, the accused pleaded for leniency saying he is still a young man adding that he has been in custody for two years.