A 65 year old man from Kanyamgony Sub location in Migori county will spend his life time in prison cells after being sentenced for life behind bars for defiling a minor aged eight.
David Odira alias Onjulu was accused of defiling the minor on July 5, 2020.
According to Rongo principal Magistrate Raymond Langat the accused person intentionally and unlawfully contrary to section 8(1), as read with section 8(3) of the sexual offenses act no.3 of 2006 forcefully defiled the minor when he met her on that fateful evening causing injuries to the child.
The accused was also charged with committing an indecent act with a child contrary to section 11(1) of the sexual offenses chapter 62A laws of Kenya.
The magistrate said that the state called seven witnesses and upon the closer of the prosecution case the accused person was placed in his defense.
“The complainant who is a minor aged eight years recollected that on the material day when she was playing together children, the accused person who she referred has Onjulu sent away other children them led her to his house and defile her,” said Langat.
He further noted that having carefully considered all the evidence in the record and having been guided by the relevant principles of law and hard all the pleas from all the witnesses and conducted proper investigations, as well as satisfied that the prosecution has proven its case in the principal count beyond reasonable doubt and consequently convinced that the accused person under section 215 criminal procedure code of the offense of defilement contrary to section 8(1)(2) of the sexual offenses act as by law required that warrant his life imprisonment.
“I respect to sentencing the accused person has earlier indicated that he is 65 years old as the age of the child grandfather and none the less he takes the innocent of this young girl and defiled her whereupon the child sustained serious injuries, though he pleaded and seek for forgiveness, this is a serious and heinous crime that deserves no mercy,” said Langat
Langat noted that the judgment will be a lesson to other people from the area, especially in the Rongo and Awendo areas where incidences of defilement have been reported in the recent past,” said Langat
He said the accused was supposed to be his victim grandfather.
The accused person has however been given 14 days to appeal in case if not satisfied with the ruling of the court