Man handed 40 years in prison for defiling, sodomising niece aged 10

**The uncle was arrested and arraigned in court on January 21, 2022.** [iStockphoto]

A 22-year-old man has received a 40-year prison sentence for defiling and sodomising his 10-year-old niece.

Barasa was charged with incest as well as committing an indecent act with a child. He is accused of committing the crime on January 16, 2022, in Kakamega county.

The child testified that her grandmother had sent her to a neighbour to bring a sufuria and that on her way back, the man called her and pretended he wanted to send her.

Barasa then enticed her to the back of their home, where he assaulted her.

He also threatened to kill the child if she told anyone about what had happened.

According to an affidavit signed by the child's grandmother, the child returned crying, saying her uncle had defiled her.

After noticing that she couldn't walk properly, she had the child taken to a nearby hospital.

Clinical officer Phillip Okapesi confirmed that indeed the girl had been sexually assaulted.

He said she had severe injuries.

To prevent infections, she was given Post-Exposure Prophylaxis (PEP) and antibiotics.

Identified

Barasa, who lived on the same homestead as the child but in different houses, was arrested and arraigned in court on January 21, 2022, where he was positively identified by the victim.

The accused, however, denied the charges, saying on the specified date, he had gone fishing with five of his friends and had only returned in the evening. The victim urged the court not to release Barasa due to security concerns in a pre-bail report.

According to the report, the complainant's face was covered in fear whenever she saw the accused in court. However, in a report prepared by his community members, led by the village elder, the locals advocated for a non-custodial sentence for the first-time offender, saying they were willing to support his rehabilitation.

Found guilty

Barasa was found guilty by Kakamega Resident Magistrate Caroline Cheruiyot and sentenced to 40 years in prison.

"Even if the offender begs for forgiveness, there is no guarantee that he will not repeat the same offence to the child or other children not related to him by blood if given a second chance," Cheruiyot said.

She added: "Considering the seriousness of the offence, the accused mitigation, the pre-sentence report and victim impact statement, the accused is hereby convicted of incest and sentenced to serve a 40-year jail term running from the date of his arrest."

He was granted 14 days to appeal against the ruling.