Boy, 14, charged with defiling one-year-old baby in Nakuru

A 14-year-old boy was on Monday, October 8 charged with defiling a one-and-a-half-year-old child in Mau Narok, Njoro Constituency.

According to the prosecution, the boy intentionally defiled the girl after she was left under his custody by the baby’s mother.

The 14-year-old was reported to have committed the act on September 19 and 20 at the Mau Narok.

The court heard that the minor was caught pants down by neighbours who alerted the police.

The suspect, however, denied these allegations before the court and was released on a bond of Sh 300,000 with a surety of a similar amount.

The prosecution added that it has seven witnesses ready to testify against the accused.

The defiled minor who was admitted in hospital has since been discharged.

The case will be mentioned on Thursday, October 24, 2019.

The law

In spite of the provisions of any other law, where a child is tried for an offence, and the court is satisfied as to his guilt, the court may deal with the case in one or more of the following ways: 

(a) By discharging the offender under section 35 (1) of the Penal Code (Cap. 63);

(b) By discharging the offender on his entering into a recognisance, with or without sureties;

(c) By making a probation order against the offender under the provisions of the Probation of Offenders Act (Cap. 64);

(d) By committing the offender to the care of a fit person, whether a relative or not, or a charitable children’s institution willing to undertake his care;

(e) If the offender is above 10 years and under 15 years of age, by ordering him to be sent to a rehabilitation school suitable to his needs and attainments;

(f) By ordering the offender to pay a fine, compensation or costs, or any or all of them;

(g) In the case of a child who has attained the age of 16 years, by dealing with him in accordance with any Act that provides for the establishment and regulation of borstal institutions;

(h) By placing the offender under the care of a qualified counsellor;

(i) By ordering him to be placed in an educational institution or a vocational training programme;

(j) By ordering him to be placed in a probation hostel under provisions of the Probation of Offenders Act (Cap. 64);

(k) By making a community service order; or

(l) In any other lawful manner.