By TONY MUSISI
A middle-aged man is set to spend the rest of his life behind bars after an Eldoret court found him guilty of defiling his 10-year-old niece in his house seven years ago after enticing her with Sh20.
Henry Wanyoike Laiban was handed a life sentence by Senior Principal Magistrate Kimani Mukabi.
Laiban, who was staying alone in his one-roomed house in Kimumu estate along the Eldoret-Iten highway, is the younger brother of the complainant’s mother.
He was charged with committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
The particulars of the charge were that on July 14, 2018, at Kimumu estate in Ainabkoi Sub-County, Uasin Gishu County, he intentionally and unlawfully defiled a girl, identified in court as P.M., aged 10.
Laiban denied the charges when he appeared in court, prompting the prosecution to call four key witnesses.
After hearing the evidence, the magistrate found that the prosecution had proved its case beyond reasonable doubt and convicted Laiban.
While giving her evidence-in-chief, the minor moved the court as she narrated how her uncle lured her into his house on the fateful day before turning against her.
The minor told the court that her uncle tricked her into going to sweep his house without knowing what awaited her.
“I was at home taking care of our little child when my uncle approached me and requested me to sweep his house, given that we are neighbours and also share one gate,” she recalled.
She told the court that while she was sweeping, Laiban pulled her towards him and asked her to sit on his bed before ordering her to remove her clothes.
“I removed my clothes and my uncle began defiling me in turns as I screamed for help without success,” the minor told the court.
The court heard that after committing the offence against his niece, Laiban gave her Sh20 and warned her against telling anyone about the incident.
The convict later returned to the minor’s home and asked her to give him change for Sh15, leaving her with Sh5.
Giving evidence, Dr Irene Simiyu, a medical doctor at Moi Teaching and Referral Hospital, told the court that the complainant had multiple healed hymenal tears.
She said the medical findings were consistent with defilement and produced a P3 form as an exhibit.
When he was placed on his defence, Laiban chose to remain silent throughout the proceedings.
The court was further told that the convict did not wish to call any witness to testify in his favour.
His decision left the magistrate with the prosecution evidence upon which to determine the case.
In his verdict, Mukabi said the prosecution had proved the case against Laiban beyond reasonable doubt.
While delivering the sentence, the magistrate noted that the offence committed by Laiban was serious and handed him a life sentence.
Mukabi also informed the convict of his right to appeal against both the conviction and sentence within 14 days if dissatisfied with the judgment.
