Three found guilty of defiling 15-year-old at Racecourse estate
From left Arnest Oduor Odhiambo , James Njenga Mbugua and Joseph Njoroge Kibe during their hearing at the Nakuru Law Courts on January 25, 2024.
On the morning of January 20, 2019, Fredrick Mwangi wakes up like any other day, walks out of his house to go to his car and is greeted by a sight he never imagined.
He found condoms thrown on his property and one on the bonnet of his car.
At this point, he is more than angry and goes looking for the perpetrator of this rude and indecent act.
He immediately confronted one of his neighbours who lived in his compound and together with the neighbour's friends who were in the house, he took them to the police station.
In the midst of confronting these individuals in their house, Fredrick came across a young girl in the house who was in the company of the men and he raised the alarm.
It is then discovered that the girl went missing the day before and never returned home.
It is at this point that Agnes Mukabane receives the news that her daughter has been found and she immediately makes her way to where her daughter is.
She finds herself in a situation that every parent prays their child will never have to go through.
Let's pause and start again.
A young 15-year-old girl, who will be referred to as I.A.R, was accompanying a friend who had visited her after church.
On her way home, she met two of her neighbours and one of them took her to a house where three other men were staying.
This is when things went wrong, one of the men undressed her and the others took turns defiling her and she stayed in the house overnight.
So Agnes goes into a room and finds her daughter lying on a bed, crying.
She was complaining of pain in her genitals and her underwear was stained with blood.
The matter was immediately reported to the police and Agnes took her daughter to hospital.
According to Dr Njoroge Ruku who testified, the victims genitalia showed an old broken hymen with a bruise and the test showed the presence of spermatozoa. After assessing the degree of injury, it was concluded that there was evidence of penile penetration due to the presence of bruises and semen.
The police, on the other hand, through Constable Rosemary Muiru, said that I.A.R. reported that she had been defiled by her boyfriend and later by the others who took turns on her and used condoms. These condoms were later found in the neighbour's compound.
The neighbour managed to arrest three of the boys and took them to Bondeni Police Station, while the one who was I.A.R.'s boyfriend is still at large.
According to Principal Magistrate Kipkurui Kibelion, who delivered the verdict on March 5, 2024, said I.A.R was clear in her evidence and was able to clearly identify and place all three at the scene and that the boyfriend had unprotected sex with her while the others used condoms which were later found thrown and scattered around the neighbour's compound.
"Clinical Officer Philip Mutai, who also examined the complainant, found that the complainant had been sexually assaulted and that the patient's genitals were bruised and swollen, this was evidence consistent with the doctor's findings clearly indicating that she had been sexually assaulted," Principle Magistrate Kipkurui Kibelion said.
"On the basis of the above, I find that the prosecution has proved the case to the required standard and I hereby convict all the accused," he said.
At the sentencing on March 25, 2024, the three were put under probation for three years. This simply means that the three will be released from custody subject to good behaviour under supervision.