Baringo man gets 15 years in prison for defilement

An Iten court has sentenced a man to 15 years in prison for defilement.

Iten Principal Magistrate Hezron Nyaberi found Kipkosgei Kirotich guilty of defiling a 14-year-old girl in Marakwet East on February 2.

Mr Kipkosgei also faced an alternative charge of committing an indecent act with a child by touching her private parts. He committed the act at the wee hours of the night after threatening the girl with with a knife.

The complainant's mother and the siblings told the court how Kipkosgei broke into their house while they were sleeping and threatened to stab them if they screamed. The court however faulted the prosecution for not amending the charge sheet after it was discovered that the complainant was 17 years old.

"This is a failure on the part of the prosecution knowing very well that the age is a critical matter in a charge of defilement," Mr Nyaberi said.

He said the prosecution had proven that the complainant was a child when the offence was committed. Kipkosgei pleaded for leniency saying he was 17 years old, but an assessment showed that he was above 18 years. He has 14 days to appeal.