Six-year-old minor testifies she saw accused defile her nine-year-old sister

BY ERIC ABUGA

DPP has secured a conviction and life sentence on a defilement and sexual assault case in Turkana involving two minors.

The Lodwar Magistrate’s Court has convicted a man, after finding him guilty of defilement and sexual assault against two minors, aged nine and six years old.

The court heard that on diverse dates between 17th July 2023 and 19th July 2023 at Nakwamkwi in Turkana Central Sub-County, the accused, who was a neighbour, lured the two young girls to his house by offering them yoghurt and sweets.

The nine-year-old victim testified that the defendant lured him to his residence where he committed the indecent act upon her, providing a detailed description of the incident. 

The six-year-old victim testified that she saw the defendant commit the act and later assaulted her.

The minors' testimony was corroborated by medical evidence and a neighbour who saw the nine-year-old running scared from the accused's house.

Lead Counsel Robert Otieno and Baranga Limo, called five witnesses, successfully proving the case beyond a reasonable doubt.

The court dismissed the accused's defence that he was away in Bungoma at the time of the incident, stating that his alibi was not proved and failed to displace the strong evidence from the prosecution's witnesses, including the minors' credible and consistent testimonies.

In her judgment, N.M. Idagwa ruled that the accused was positively identified by the minors, as he was a neighbour known to them, making it a case of recognition. 

"Satisfied with the evidence, the court has found the accused guilty and sentenced him to life imprisonment."