Man gets 20 years in jail for sexually assaulting nephew, 12
Principal Magistrate Yvonne Khatambi handed Mr Jackson Lokidi Lotan the jail term after finding him guilty of defiling the boy on June 23, 2021 in Kamundu, Rongai sub-county, Nakuru County
A Nakuru court yesterday sentenced a 51-year-old man to 20 years in prison for defiling his 12-year-old nephew.
Principal Magistrate Yvonne Khatambi handed Mr Jackson Lokidi Lotan the jail term after finding him guilty of defiling the boy on June 23, 2021 in Kamundu, Rongai sub-county, Nakuru County
He also faced an alternative charge of committing an indecent act on a minor.
The magistrate observed that the complainant gave clear accounts of what transpired the day he was attacked and identified his assailant.
She also noted that the defense advanced by the accused was an “afterthought”.
“I am inclined to believe the testimony of the complainant, who remained consistent throughout his testimony. On the other hand, I treat the accused person’s defense as an afterthought. Consequently, I find that the prosecution has proved its case beyond reasonable doubt,” ruled the magistrate.
“I thus find the accused person guilty of the offence of defilement, contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. The accused is hereby convicted to 20 years in prison.”
In his testimony, the boy told the court that he retired to bed when the man entered the room and defiled him.
He said the lights were on and he was able to see his face. He then informed his parents, who were sleeping in a different room, about the attack.
He was taken to a hospital, examined and treated before the family reported the matter to the police.
His parents testified that the man and the boy shared the same bed, and on the day of the attack the man ate dinner and went to bed.
The boy came to their room crying that he had been defiled by his uncle.
In his defense, the man denied committing the offence, stating that he was being framed because of a land dispute between himself and the complainant’s father.
He told the court that he arrived home that day, had dinner and went to bed, saying that he never shared the same bed with the boy and that he slept in the bed alone while the boy slept in the sitting room.
He said that he and the boy’s father were fighting over a land that belonged to their father, noting that he spent the night at his mother’s house and was later arrested and charged with the offence.
But the court noted that the land dispute was never raised in cross-examination and appeared to have been an afterthought.
