A middle-aged man has been sentenced to life imprisonment by a Siaya court after being found guilty of defiling a 9-year-old girl four years ago.
Appearing before Siaya Resident Magistrate Kimani Mburu, the accused Ken Okinda Ayua was charged that on 23rd day of April 2008 at Marenyo sub-location in Gem District of Siaya County, defiled the minor contrary to section 8 (1) of the sexual offences Act 2006.
He faced an alternative charge of committing indecent act with a child contrary to section 11(1) of the sexual offenses Act 2006.
The court heard that on the material day, the accused, who was a stepfather to the complainant (who is now 14 year) returned home from the farm and told the accused to escort her siblings to her grandmother’s homestead.
On her return the accused laid her on her mother’s bed and undressed her before defiling her repeatedly.
The accused of the mother then walked in after an hour and found the accused on the act, reporting the case to the area assistant chief who led to his arrest.
The defilement case had initially been ruled and the accused was found guilty of the offence. The accused then appealed to the High court and the case was heard at the Court of Appeal before being referred back to the Siaya resident magistrate court.
However, in mitigation, the accused prayed for court leniency saying he wanted to go back to his family since he had stayed long in custody.
While delivering his judgment the magistrate found out that the prosecution evidence proved beyond reasonable doubt that the accused was guilty.
He has again been granted 14 days right of appeal.