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Barber slapped with 30-year jail term for defiling minor

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A barber has been handed a 30-year jail sentence for defiling a 12-year-old girl in Busia County.

In a statement by the Office of the Director of Public Prosecutions (ODPP) on Tuesday, May 28, 2024, the middle-aged man is reported to have committed the heinous crime against the minor on several occasions in Busia County in 2022.

“A middle-aged barber has been sentenced to 30 years imprisonment for defiling a 12-year-old girl. The accused was found guilty of repeatedly defiling the young girl on diverse dates in 2022 in Busia County,” the statement by the ODPP read in part.

The victim told the court that the man would sexually abuse her whenever she went to get her hair shaved at his barber shop.

The ODPP said the prosecution represented by Faith Kaberia presented a compelling case by calling a total of six witnesses proving beyond reasonable doubt that the man committed the atrocity.

“The Prosecution called a total of 6 witnesses whose testimonies proved the perpetrator indeed committed the heinous act on the minor. The victim in her testimony told the court that the accused would always defile her whenever she went to his barber shop to shave her hair,” the ODPP stated.

Adding;

“Busia Resident Magistrate Hon. Serem in her judgement noted that the prosecution through Faith Kaberia presented exhibits that reaffirmed the offence was committed. She added that the sentence was informed by the age of the victim in comparison with that of the accused. The magistrate added that the accused knowingly ignored the age of the victim and also took advantage of his services to defile the girl and still appeared undeterred.”

Separate incident, 40-year-term

In another incident on March 1, 2024, a man was slapped with a 40-year jail term for defiling and knowingly infecting a 10-year-old girl with HIV/AIDS.

According to a statement by the ODPP, the accused was said to have perpetrated the act in May 2023 at Makandura in Laikipia North Sub County.

ODPP stated that following the testimonies of four witnesses presented by the prosecution, the court found the accused guilty of committing the heinous act.

“Nanyuki Law Courts Senior Principal Magistrate Hon. Ben Mararo has today convicted and sentenced a man to 40 years in prison for defiling and knowingly infecting a 10-year-old girl with HIV/AIDs. The accused is said to have committed the heinous act in May 2023 at Makandura in Laikipia North Sub-County. The court ruled that the Prosecution through testimonies from four witnesses presented compelling evidence proving the case against the accused person beyond reasonable doubt. The matter was prosecuted by Maina Kimaru,” the ODPP stated.

He was additionally accused of engaging in an indecent act with a child, which goes against section 11 (1) of the Sexual Offences Act No.3 of 2006.

The prosecutor, represented by lawyer Beatrice Bartilol, objected to the defendant’s release on bail, citing concerns about the risk of the defendant fleeing.

Bartilol’s request to revoke the defendant’s bail was backed by a sworn statement from Police Constable Henry Owiti of Kabartonjo police station.

Owiti stated that the defendant was apprehended by the public in the Marigat sublocation while attempting to escape after the reported defilement of a minor.

The affidavit also mentioned that the victim and key witnesses were afraid to testify if the accused was released.

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