A Kisumu court has sentenced a man to ten years in prison after he was found guilty of defilement.

Share news tips with us here at Hivisasa

Teddy Nyabola was on Monday arraigned before Senior Resident Magistrate Winfrida Okunya where he was charged with defiling a class eight girl between November 20 and 24, 2018.

The court heard that the accused, a mason, defiled the girl in Nyalenda slums in Kisumu, with the judge slapping him with the jail-term even after the girl admitted that she tricked him.

The girl told the court that she spiked his drink with alcohol before the incident occurred, after he turned down her love advances and even twice kicked her out of his house.

She revealed how she attempted to win his affection in November, but he chased her away, before she followed him to a neighbour's house and offered him a spiked drink.

It is after this that the drunk Nyabola left for his house as the girl followed him, and on reaching his house, she said, they engaged in the act.

However, the judge based his ruling on the fact that the prosecution confirmed that the convict engaged in the act with a minor who cannot give consent in any way.

“These events notwithstanding, the law is very clear that a minor under the age of 18 is not capable of consent. The accused ought to have exercised due diligence and avoided contact with the minor. There is no evidence on record to prove that the accused made an attempt to avoid the act,” she said.