A 38-year-old man was on Thursday, September 29, jailed for life at Kabarnet Law Court, in Baringo for defiling a four-year-old minor in 2020.
In her judgment, Chief Magistrate Judith Wanjala handed Raphael Kiplagat a life sentence following a two-count charge brought against him by the state government.
This is after the prosecution council led by Joseck Abwajo proved (beyond reasonable doubt) that Kiplagat willingly and unlawfully defiled the four-year-old girl contrary to the Sexual Offences Act and was legible for life imprisonment.
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"I, therefore, with no doubt rule that the accused, Raphael Kiplagat, be given a life imprisonment sentence as provided by the law. It is so disheartening that he had to defile the minor at a very tender age," Wanjala ordered.
The court in the matter provided seven witnesses with his brother, who is also a minor, giving an account of how his sister was defiled on the farm by the accused when they had gone to fetch firewood while their parents had gone to church.
The accused's plea
On the other hand, Dr Nancy Kerubo attached to Baringo County Referral Hospital in her witness statement said that the child was in a bad state with broken hymen when she examined her after the alleged incident.
Edwin Kipkulei, the accused's counsel, had pleaded with the court to be lenient with the accused regarding sentencing.
"I pray that the court is lenient as he is remorseful, his children are still young and the wife is only but a casual labourer. The school-going teens would be deprived of paternal care if not considered. I pray that he gets lenient terms in order to make use of his young age," he said.
Kiplagat who pleaded not guilty is believed to have committed the crime on August 23, 2020 at Tabariny, Tenges in Baringo County.
The father of two was later arrested and has since been detained at Kabarnet Police station.
