25-year-old man jailed for life for sodomising 8-year-old boy

A milk trader from Sinendet Village in Njoro Sub-County within Nakuru has been jailed for life for defiling an eight-year-old boy.

Nakuru Senior Resident Magistrate Eunice Kelly said that a deterrent sentence was mandatory because Hesbon Mogare’s actions were unforgivable.

“I have considered the charges of the accused and his mitigation. He is sentenced to life imprisonment for his crimes,” ruled Ms. Kelly.

She added that the cases of sodomy have been rampant and the harsh sentence will serve as a warning to other culprits in defilement cases.

Ms. Kelly also noted that the accused’s actions traumatised the boy who is now scared of walking during the night.

Mogare was found guilty by the court even after he denied sodomising the minor at his house in Sinendet for over three days.

During the trial, the court heard that the accused, who supplied milk to the community residing in the village defiled the boy several times between September 2 and 4, 2017.

The class three boy testified that the accused requested him to assist in carrying charcoal to the accused’s house on September 2, 2017.

“I was herding my grandfather’s sheep but two of the sheep started fighting and one was killed. I was afraid to go back to my grandfather’s house to avoid punishment so I decided to go to my uncle’s but I met the accused on the way,” he testified.

He said that it was about 7PM when he met the accused.

He told court that the accused promised to pay Sh50 after he delivered the charcoal but gave him food and showed him pornographic videos, to his surprise.

“The accused gave me his mobile phone to watch videos. When I pressed play it was a pornographic video,” he said.

The court also heard that the accused forced the boy to lie down and he defiled him.

“He locked me at his house for three days. He defiled me. It was painful. I screamed but he held my mouth and nobody came to my assistance,” the minor said.

The boy was assisted by his neigbours after he escaped from the house and was taken to Njoro Health Centre for treatment.

The medical report presented in court proved that the minor was defiled.

“There was laceration on the anal canal of the victim,” read the medical report.

In his defence the accused stated that the father to the victim was on a revenge mission after he damaged his motorcycle when he was his employee.

“I worked for the father of the victim as a herdsman. I spoilt his motorcycle and he has since sought revenge on me. I deny ever committing the offence,” he said.

During his sentencing, the accused mitigated that he had two children and he is the sole provider. He urged the court to be lenient while sentencing him.

He has 14 days to appeal.