Baringo resident Stephen Kemboi has been handed a life sentence by a Kabarnet Law Court for defiling an 8-year-old girl.
Resident Magistrate Edwin Mulochi ruled this saying that the prosecution’s counsel had proved their case beyond a reasonable doubt.
Kemboi, 45, is said to have committed the dreadful act to the minor on January 25, 2022, at around 4 pm at his home, Tebei Village in Baringo South.
He was charged with two counts of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006, with an alternative charge of committing an indecent act with a girl contrary to section 11 of the Sexual Offences Act of 2006. He was also charged with uttering words threatening to kill the father of the minor with a panga, an offence that he pleaded not guilty to.
The prosecution counsel led by Rebecca Bartilol provided six witnesses who testified against him including the minor, her father and her mother.
Minors’ father who was the key witness told the court that on the fateful day, he went home at around 4 pm after work and enquired the whereabouts of his daughter. He was told by his wife that Kemboi, their neighbour had called her to offer some mangoes.
“She however had overstayed something that was not normal, I was prompted to head to his house and on arrival, I found Kemboi who is before this court today at his maize store with my daughter lying on the ground something that almost killed me, I had just witnessed the culprit pants down preying on my daughter,” the emotional father told the court.
He further said that when he confronted him on why he was defiling his daughter, he suddenly became violent and strangled him, threatening to kill him with a panga.
The two, daughter and father, got a chance to escape when he went to look for a panga.
“My daughter came home running with difficulty, upon asking her why she was panting with pain, she told me that Kemboi had lured her with three mangoes and later defiled her in the maize store. I examined her and I found out that her stomach was a bit swollen and she had some injuries. I immediately rushed her to Tedei Health Centre where she was attended to by a doctor,” the mother said.
She however added that her daughter was immediately rushed to Baringo County Referral Hospital for specialized treatment as it was beyond the health center.
During the minors’ testimony, she told the court that soon after she arrived from school that day, Kemboi, a neighbour, called her to offer some mangoes and that after giving her three mangoes, he ordered her to get to the maize store and lie down and he committed the heinous act.
“It is not the first time that Kemboi has done this to me, it is now the third time, he had however threatened to kill me if I told anyone what he had been doing to me,” she narrated painfully.
The doctor who presented a medical report to the court confirmed during his testimony that the girl was indeed defiled and had developed fistula as a result of defilement.
Kemboi told the court that the probation report presented by the officer which termed him unfit for a non-custodial sentence was biased praying that he be granted a lenient sentence.
However, Bartilol opposed the application by the defence for a non-custodial sentence, citing the physical and psychological trauma suffered by the minor adding that the court found it necessary to impose a severe penalty to tame sexual offenders from committing similar crimes in the future.
The court also argued that the minor is still suffering from trauma and is undergoing counselling and treatment since she had suffered from fistula as a result and therefore the accused does not deserve a non-custodial sentence.
“Under section 8(2) of the sexual offence act, defilement of a child of 11 years and below, attracts life imprisonment. I order that Stephen Kemboi be imprisoned for life,” the magistrate ruled.
Kemboi was given 14 days to appeal the ruling.