Mason in consent case imprisoned for 10 years by Kisumu law courts

by Mahakamani News
Kisumu Law Courts

A Kisumu Law court has sentenced a man to 10 year imprisonment for defiling a minor.

The case was heard by Senior Resident Magistrate, Winfrida Onkunya on 9 September, 2019.

The magistrate found the man, Teddy Nyabola, guilty of defiling the standard eight pupil between November 20 and 24 last year in Nyalenda slums.

The accused was sent to prison notwithstanding the mitigation from the girl on his behalf whereby she admitted of duping the man into sleeping with her.

The girl confessed to the court that she had spiked Teddy’s soft drink with alcohol before proceeding with him to his house where they engaged in sexual intercourse.

The girl also told the court that she had being eyeing the man and had confronted him several times. She claimed that when they met on November 20, 2019 , her first attempt to win over his affection failed after he threw her out of his house. The evening after, she did not relent her pursuit over Teddy and so she followed him to his house in the guise that she needed some money but she was chased yet again.

Later on in the night when Nyabola went to visit his neighbour, the girl admitted that she trailed him. It is at the neighbours house that they interacted and the girl offered him a spiked drink. As soon as the accused became drunk and left for his house, the girl followed him into his house again but this time he did not chase her and they had sex.

The next day the girl’s family members were tipped off that the girl had spent the night with Nyabola. It is then that the family stormed his house, found her there and reported him to the police.

Hon. Winfrida Onkunya said that the prosecution had proved beyond reasonable doubt that Nyabola and the girl had engaged in sexual intercourse which was the main subject of the case. Thus, according to Section 9 of the Sexual Offences Act, Nyabola was guilty of defiling the child and hence liable upon conviction to imprisonment for a term of 10 years.

The magistrate further affirmed that the law states that a minor under the age of 18 is not capable of giving consent. Therefore, the accused ought to have exercised due diligence or should have attempted to avoid the act and any contact with the minor.

Although Section 9 (3) of the Sexual Offences act outlines an imprisonment term of not less than 20 years for a person who commits an offence of defilement with a child between the age of 12 and 15 years, the magistrate took note of the girls confession with a view of Section 27 of the Sexual Offences Act that proscribes administering of substance to another person with the intention of overpowering that person so as to engage in sexual activity with the person and hence mitigated the man imprisonment to 10 year term.

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