Man who defiled neighbour's toddler gets life in jail

A man who defiled a neighbour’s toddler after luring her with chewing gum has been sentenced to life in prison. 

A Nakuru court on Tuesday sentenced Josiah Koskei to life after finding him guilty of defiling his neighbour's two-and-a-half-year-old daughter on January 9, 2020 in Lulukwet area, Njoro Sub-County.

He also faced an alternative charge of committing an indecent act with a minor.

In her judgement, Senior Resident magistrate Yvonne Khatambi said that the deterrent sentence handed to him was appropriate considering the age of the complainant and the degree of injuries she sustained from the abuse.

She also noted that evidence produced before court was sufficient to prove that the suspect had committed the offence and that the defence raised by the accused was an afterthought.

“I have considered the offence committed, mitigation by the accused and content of the presentence report. I note the degree of injuries sustained, the age of the child and weighed it against the accused person. I am inclined to sentence the accused to life imprisonment,” she ruled.

According to the prosecution, the accused took advantage of the minor’s mother's absence to defile her after she was left in his company.

In her testimony, the mother told the court that she was at home when Mr Koskei arrived and gave his daughter chewing gum while she was playing with her friends.

She said she left her compound but when she arrived later at 10am, she found the accused seated in the kitchen while the complainant sat next to him looking sad.

She testified that Mr Koskei's trouser was unzipped. Upon examining the child, she noted that she had blood on her clothes. She then called police officers who arrived and arrested Mr Koskei.

The minor was escorted to Njoro Hospital for examination and further treatment.

In his defence, Mr Koskei denied committing the offence and stated that he was framed by the complainant’s mother after he had lodged a complaint against her selling alcohol which led to her arrest.

He told the court that he had only gone to the woman's house after she had asked him to help hide alcohol in the maize plantation and was later paid with alcohol and Sh20, which he said he used to buy cigarettes and chewing gum. 

However, the court noted that the prosecution's evidence against him in the case was overwhelming, hence his conviction.

The magistrate also noted that defilement cases had become rampant in the court's area jurisdiction, thus necessitating a tough sentence to help end the vice.

“It’s high time the courts impose heavy punishment,” said Ms Khatambi.