A 34-year-old man has been sentenced to ten years in prison by a Kericho court after being convicted of defiling a minor at his home. Kericho Senior Resident Magistrate Felistas Nekesa found Patrick Ngetich guilty of committing an indecent act with a seven-year-old child at his house in Kopsito village, Bureti Subcounty, Kericho. The offense occurred on January 16, 2023, in violation of Section 11 (1) of the Sexual Offences Act No. 3 of 2006.
Ngetich was also charged with defilement under Section 8 (1), read together with Section 8 (2) of the same act. He denied the charges, but the prosecution presented four witnesses whose testimonies provided corroborating evidence against him.
The court heard that on the morning of January 16, 2023, the complainant and her sibling were taken by their mother to visit their grandmother. After some time, the child decided to return home to see if her mother had come back, only to find the house locked.
While waiting on a bench outside, she heard someone call her name. Before she could turn around, she felt her right hand being grabbed by the accused, their neighbor, who then pulled her into his house.
Once inside, the accused undressed the girl, placed her on a seat, and attempted to have sexual intercourse with her by making contact with her genitalia while muffling her screams with his hand. After some time, he instructed the girl to dress and leave. The minor returned to her grandmother’s home but did not reveal the incident until her mother came to pick her up.
A 34-year-old man has been sentenced to ten years in prison by a Kericho court for defiling a minor at his home. Kericho Senior Resident Magistrate Felistas Nekesa convicted Patrick Ngetich of committing an indecent act with a seven-year-old girl at his residence in Kopsito village, Bureti Subcounty, Kericho. The crime took place on January 16, 2023, in violation of Section 11 (1) of the Sexual Offences Act No. 3 of 2006.
Ngetich was also charged with defilement under Section 8 (1) and Section 8 (2) of the same act. Although he denied the charges, the prosecution presented four witnesses who provided corroborating evidence against him.
According to the court, on the morning of January 16, 2023, the victim and her sibling were taken by their mother to visit their grandmother. After some time, the girl decided to return home to check if her mother had come back, only to find the house locked. While waiting on a bench outside, she heard someone call her name. Before she could turn around, her right hand was grabbed by the accused, a neighbor, who then pulled her into his house.
Inside the house, the accused undressed the girl, placed her on a seat, and attempted to have sexual intercourse with her by making contact with her genitalia while covering her mouth to muffle her screams. After a while, he told the girl to get dressed and leave. The child returned to her grandmother’s home but did not disclose the incident until her mother came to pick her up.
“I find that penetration is in doubt, hence not conclusive whether the accused person defiled the complainant,” SRM Nekesa said.
“Section 9 (1) of the Sexual Offences Act says a person who attempts to commit an act which would cause penetration with a child, is guilty of an offence termed attempted defilement.
“Penetration may not have been proved but it is clear that the accused person came in contact with the genitalia of the complainant, meaning that the accused body was in contact with her private parts.
“The accused denied being at home on the material date but did not provide proof or an alibi to prove his absence, as such I find his defence to be mere denial,” Nekesa said.
“I find that the prosecution did not prove its case beyond reasonable doubt on the main count, but did prove the alternative count beyond reasonable doubt.
“I find the accused person guilty as charged on the alternative count and convict him accordingly,” SRM Nekesa said.
The convict was reminded of the right to appeal the sentence within 14 days if dissatisfied.
