Court revises teacher's life sentence to 25 years in defilement case

The High Court in Eldoret has revised a life sentence handed to a defiler to 25 years, following a successful appeal.

Hezron Kipkemoi Mutai, 50, a primary school teacher accused of defiling a three-and a half year-old child will now serve a custodial sentence of 25 years commencing March 11, 2020, the same period his life sentence was beginning.

The accused had been slapped with life imprisonment by a lower court in Londiani after he was found guilty of defiling the minor on November 18, 2015 in Londiani sub-county within Kericho County. 

The court heard that he had lured children to his house which was located in the same compound where the minor stayed with her grandmother.

The incident took place in the afternoon. The court heard that the minor was familiar with the accused, hence she was able to identify him easily.

Denied

The teacher, however, claimed it was a stage-managed case. 

In his sworn defense, he denied the charges, saying on the material day he was in school. However, he did not present his witnesses in court.

In his judgement, Justice Hillary Chemitei stated that the appellant affirmed the offense of defilement against the accused and noted that the sentence by trial court was proper.

But he was of the view that a life sentence was indefinite, which runs contrary to established principles of certainty.

The accused had been charged and convicted on two counts of defilement contrary to Section 8(1) and (2) of the Sexual Offenses Act.

Disgruntled with the sentence, he had objected it when the High Court in Eldoret filed his appeal in April 2020, saying the prosecution had failed to prove the case beyond reasonable doubt. He also argued that he was not given proper time to defend himself. 

He further argued that the evidence against him was inconsistent and contradictory and that the issue of penetrating the minor was not properly confirmed in the court to sustain a conviction.

The appellant also challenged an unsworn affidavit from the minor as well as denying him fair hearing, claiming that he was not accorded adequate time to get services of a lawyer to prepare for his defense.

Traumatized

On his part, Justice Chemitei said that he found no fault with the trial court in not subjecting the minor to a sworn affidavit, since the minor was traumatized and the law allows a child of tender age to testify even without a sworn affidavit.

The court established that evidence produced in court by prosecution, including a medical report from the hospital and evidence of other witnesses was corroborated and the accused suffered no prejudice.

The court had dismissed his appeal and a life sentence against the appellant was set aside.

“Consequently the appeal is dismissed, the life sentence imposed against the appellant is set aside and replaced with a custodial sentence of 25 years computed from March 11, 2020,” ruled Justice Chemitei.