A man identified as Lameck Ochieng has been sentenced to life after being found guilty of defiling
his 11-year-old niece on December 13, 2020, in the Kameji area in Rongo Sub-County in Migori.
Rongo Principal Magistrate Raymond Lang'at while issuing a judgment for the man on March 29 said the accused was positively identified by the minor as the perpetrator.
Ochieng was accused of defiling the youngster and another count of engaging in an indecent act with a child.
The court was informed that Ochieng had taken his niece to a maize plantation that day, where he had defiled her and threatened to keep the incident a secret.
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But when the young girl in pain returned home, she told her widowed mother what had transpired.
They informed the local assistant chief about the situation.
After being defiled, the young girl took her mother and the assistant chief to the maize plantation, where the incident was reported to the police.
The hymen was discovered to be newly broken and bleeding when she was inspected that day.
The prosecution had presented a birth certificate to the court to demonstrate the victim's age, and the court determined that this had established the penetration.
After the case was concluded, the accused was given the opportunity to present his defence, and five witnesses who had been lined up gave testimony.
The plaintiff was just 11 years old when the accused, who is also her uncle, allegedly decided to steal her innocence, according to the chief magistrate.
“Having considered the nature and circumstances of the offence, and the time the accused person has spent in prison and his mitigation, what is in record is that the accused person is the uncle of the complainant,” Lang'at said.
In his ruling, Lang'at remarked that although the accused was supposed to be the minor's guardian, he instead chose to take advantage of her.
The kid did experience severe trauma at the hands of the uncle, according to the senior magistrate, and she will carry this trauma with her for the rest of her life.
“Considering all those and the penalty prescribed under the sexual offence acts, and to be an example to the would-be offenders and being that this is an offence that is rampant in this area, and there is need for deterrent, I sentence the accused to life imprisonment,” Lang'at said.
