An Assistant Chief in Baringo County accused of defiling and impregnating a 13-year-old girl will know his fate in two weeks.
On Friday, Kabarnet Senior Resident Magistrate Caroline Ateya adjourned the sentencing of Thomas Chesang, an administrator in Kasaka, Baringo North, after his lawyer failed to appear in court.
According to the prosecution, Chesang committed the offence at Kasaka village in Baringo North Constituency between February and August 2021.
The court stated that the prosecution had proved their case beyond reasonable doubt that the chief had defiled the teen. He was also accused of forcing the minor to terminate the pregnancy.
While delivering the judgment, the magistrate put into account, the minor's testimony in court where she said that her parents had agreed with the assistant chief to graze their livestock at the man's compound.
The girl said that she looked after their cattle at the home of the Assistant Chief.
“The first two days no one was in the Chief's home, but on the third day I found him and he let me into his house at around 3 pm to 5 pm, as I wanted to leave he held my hand and dragged me to his room and removed my clothes,” she claimed.
The minor continued to narrate how the chief covered her mouth with his hand and defiled her.
After he was done, he gave the minor two pills. She threw the pills in the toilet.
The minor went home, took a shower, and changed her clothes. She didn't say what had happened to her claiming that the administrator had threatened to kill her.
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A week later, the minor’s mother sent her to get painkillers at the chief’s house, where the chief again defiled her and gave her two pink tablets to swallow and gave her Sh100.
When she missed her period for a few months, she shared what happened to her with her brother’s wife. The sister-in-law reported the matter to the police.
Later, her family conspired with the assistant Chief and they ordered her to get rid of the pregnancy.
Japheth Cheserek, a clinical officer at Kabartonjo sub-county hospital testified that he attended to the girl in the company of her mother, father, brother, and a police officer.
“The girl said she had missed her period for four months, and after examining her I found out she was around six months pregnant," Cheserek said.
The investigating officer Mildred Kibet attached to Kabartonjo police station said the matter had been reported by the victim's brother on December 15, 2021.
In the company of her colleague, they went to the girl’s home where they met her parents and took the girl to the hospital for examination and found her pregnant.
“Two days later we visited the homestead after receiving information that the parents wanted the girl to procure an abortion. After reaching there, the girl was not there and neither was her mother. We arrested some village elders alleged to be solving the case out of the court and charged them with conspiracy to derail justice,” she said.
They arrested Chesang some days later while the girl was found at Kapenguria at Chesang's sister's house. They apprehended them only to discover the girl had already gone through an abortion.
In his defence, the accused said that he was framed and that he was in Nakuru when the alleged offence took place.
The court dismissed his claims and stated that the prosecution had proved its case.
"I found that penetration was proved and that the same was done by the accused, and the age of the complainant was also proved by the age assessment report. I, therefore, find the prosecution has proved their case to the required standard of beyond reasonable doubt," the magistrate ruled.
The case will come up for sentencing on January 27.