Man to spend 20 years in jail for assault on 14-year-old

On September 4, 2011, 14-year-old Damaris (not her real name) was working as a house help for Paul Chege in Baraton Centre, Nandi county.

At around 8pm she had just finished her work for the day and was leaving Chege’s house when he came up behind her, covered her mouth, dragged her into a nearby bathroom and locked the door.

As he defiled her, Damaris cried out for help and the commotion attracted neighbours Sharon Cherop and Nancy Chepchirchir who went to find out what was happening.

The two would later testify that they heard Damaris cry for help and plead with Chege to leave her alone because he was hurting her.

Once Chege was done with his attack on Damaris he left the bathroom and came face to face with Cherop and Chepchirchir who watched him emerge from the bathroom with his trousers unzipped, followed closely by a visibly shaken Damaris.

Clinical Officer Silas Ruto, who examined Damaris after the assault, would later testify that he found her hymen broken though it was not a fresh tear. He also confirmed that Damaris was 14 years of age at the time of the incident.

Chege was arrested and arraigned in court on charges of defilement and indecent act against a minor.

In his defense, Chege told the court he was in Kakamega at the time of the incident and he also testified that a grudge existed between him and Damaris’ father over a sewing machine.

Due to lack of evidence the magistrate acquitted him of the first count of defilement but gave him a 20-year sentence on the alternative count of an indecent act.

Dissatisfied with the ruling, Chege appealed the decision complaining that the sentence of 20 years imposed by the trial court was illegal.

On April 29, 2016, the Court of Appeal at Eldoret Judges David Maraga, Agnes Murgor and Stephen Kairu dismissed Chege’s appeal saying the Sexual Offences Act provided for a sentence of more than ten years.

“We, however, agree with the appellant that the period of nine months that he had been in custody should be taken into account and therefore the sentence of 20 years will be reduced by nine months,” they ruled.