Moses Kimutai, 32, has been sentenced to life imprisonment by an Eldama Ravine court over defilement charges contrary to the Sexual Offences Act.
Kimutai committed the heinous act to the minor on September 13, 2020, at Emining, Baringo County while she was fetching firewood within her home area.
Six witnesses testified before the court on the matter.
The sister to the minor while giving her account said that she got concerned when her sister overstayed at the thicket and therefore offered to go after her, she, however, said that upon arrival, she found her sister lying on the ground while the accused was on top of her.
Winrose Kigen, a clinical officer, told the court in her testimony that she received the minor who after examination ascertained that she had been defiled when she found the torn hymen with tears at the labia minora and majora.
Rebecca Mayeku, the prosecution counsel who with sufficient evidence, found the man guilty as charged said that the man waylaid the minor and took advantage of her.
“I find Moses Kimutai guilty as charged, he took advantage of the minor, waylaid her while she was fetching firewood and preyed on her instead of protecting her, I have no objection but pray that this court serves him accordingly,” Mayeku said.
Senior Resident Magistrate Alice Towett after considering the witness's statement, the state of the child and the prosecution's counsels’ statements, noted that Kimutai deserved nothing less than life imprisonment as per the law.
She went ahead quoting Section 8(2) of the Sexual Offences Act which provides that a person who commits defilement offences with a minor aged eleven years or less, should serve life imprisonment with no leniency.
“I have no doubt but to sentence Moses Kimutai to life imprisonment,” Towett ruled.