In a statement by the Office of the Director of Public Prosecution(ODPP) on Thursday, Hon. Gachuki Nelson of the Loitoktok Magistrate’s court found the accused guilty of defilement contrary to section 8(1) of the Sexual Offenses Act.
During the case hearing, Principal Prosecution Counsel Thomas Mwaura revealed that the accused lured the minor to his house where he defiled her. Mwaura told the court that the victim had gone to purchase water at a local market before the ordeal.
“The victim’s father, acting on a tip from a vigilant neighbour, arrived in time to find the accused in the act leading to his immediate arrest.” read the statement in part.
In its judgement on Tuesday, the Court found that the Prosecution in reference to the victims age, the act of penetration and positive identification through credible witness testimonies and corroborating medical evidence have proved their case beyond reasonable doubt.
The Courts upheld the mandatory minimum sentence prescribed by law despite a mitigation plea by the accused legal team citing his age and what they described as “previous good character”.
