What you need to know:
- In his defence, the accused denied knowing the victim.
- He stated that he could not recall the events of the fateful day, further denying defiling the baby.
- The accused is a step-father of the victim, according to the mother.
A court in Mandera has jailed a 20-year-old man for 50 years after finding him guilty of defiling a one-year-old child.
The man was found guilty of sexually assaulting and indecently touching the baby’s private parts in Darkale village, Banisa Sub-County.
While sentencing him on Friday, Mandera Senior Resident Magistrate Kimani Mukabi said the prosecution had proved beyond reasonable doubt that the accused defiled the baby.
The accused had denied defiling the baby on March 11, 2020.
During the trial, Mr Mukabi admitted the victim’s evidence delivered through an intermediary (her mother in this case) since she was an infant not capable of speaking.
The mother said she was at home at about 8pm preparing supper in the kitchen when she heard her baby screaming from the main house.
She said she had left the baby sleeping and her husband, who was the accused, and another child aged three were in the main house.
She told the court that her baby’s cries attracted her and when she rushed into the house she found her bleeding from her private parts.
The witness added that she saw the accused walking to the toilet as she went to check on the crying baby.
She said she took the baby to Banisa Sub-County Hospital for treatment.
She maintained that the only people who were in the house were the baby (victim), her three year-old-son and her husband (the accused).
The accused is a step-father of the victim, according to the mother.
Medical staff at Banisa Hospital referred the victim to Mandera County Referral Hospital where she was admitted for two weeks.
Mr Jones Muia, a police officer, told the court that the accused was found hiding in the Derkale neighbourhood when they went to arrest him.
In his defence, the accused denied knowing the victim. He stated that he could not recall the events of the fateful day, further denying defiling the baby.
But in his judgment, the magistrate concluded that the alibi by the accused could not surmount the overwhelming prosecution evidence that it was him who defiled the child.
“The chain of events as proved by the prosecution was corroborated and cogent to place the accused at the scene,” said the magistrate.