Man sentenced to 20 years for defiling child bride

Mary Sanaipei’s (not her real name) life changed for good in 2009.

She was only ten-years-old when 32-year-old Maripett Loonkomok visited her parents asking for her hand in marriage.

Loonkomok made two visits, on the first visit to Sanaipei’s parents, he was accompanied by one person while on the second visit, he was accompanied by two people who witnessed him pay dowry.

After the second visit, Sanaipei’s father released her for marriage and also gave the ‘couple’ his seven-year-old son who they were to go with and raise together.

On that night, Loonkomok defiled Sanaipei and beat her with her stick when she started crying out in pain due to the ordeal.

The two later relocated to Kibundani in Kwale County and for five days, Sanaipei endured the mistreatment as Loonkomok continued to defile and beat her.

This was until a good Samaritan heard of her tribulation from neighbours and worked to rescue the young girl and take her to hospital. Medics who examined her determined that her hymen was lacerated and whey they learned she was just ten years old, they involved police.

Lookonomok was arrested and arraigned in court and by the time the case went to trial Sanaipei was 13 years old.

In his defense Lookonomok insisted that at the time he was seeking her hand in marriage he believed her to be 19 years of age.

His assertions were, however, thrown out by the trial magistrate who sentenced him to 20 years. He later moved to the Kwale High Court contesting the lower court’s ruling but his appeal was thrown out.

Undeterred, Lookonomok moved to the Court of Appeal in Mombasa accusing the two courts of not ascertaining Sanaipei’s age.

However, Judges Milton Asike, William Ouko and Kathurima M’inoti noted that at a certain age a child is able to give his or her age accurately.

They said the trial magistrate was satisfied on the evidence before him that Sanaipei was not more than ten years old and dismissed the suggestion that she was 19 years. They also upheld the lower court’s finding that Sanaipei was a tiny girl who had barely hit puberty, and there was therefore no way Lookonomok believed she was 19 years old.

On May 27, 2016, the appellate judges gave their ruling where they dismissed Lookonomok’s appeal and his defence.

They said since he had not complained about the 20-year-imprisonment term imposed, the court would therefore not interfere with the sentence.