Suspects in court over Defilement

by Lawyer Wanz

The main suspects responsible for the recent spate of robberies, defilement and rape cases reported in Kapseret, Uasin-Gishu county are currently behind bars.

Kelvin Kipkemboi, 20, and Enock Kirwa, 20 were arrested in an early morning raid conducted by detectives based at Uasin Gishu county headquarters and several stolen valuables were recovered.

The two who were positively identified by their victims had raped a student based at the Eldoret National Polytechnic on March 26, after gaining entry into a room where the student slept with her boyfriend in the Langas area.

After ransacking the room, the two armed with a machete and a rungu commandeered the woman to carry the items to a waiting Toyota probox, before raping her. In a related occurrence, Kipkemboi and Kirwa had defiled a 16-year-old girl a week before, in an incident that followed a similar modus operandi.

The duo had after breaking into the minor’s family home, dragged her outside and defiled her in turns.

Detectives have been burning the midnight candle in pursuit of the machete-wielding criminals, who had turned the lives of residents living in Langas and its environs into a nightmare.

A third suspect who is the recipient of the stolen electronic goods identified as Julius Kyalo was also arrested in the well-coordinated swoop. The suspects are currently in custody at Eldoret’s Central Police station, being processed for arraignment.

Meanwhile, crime scene experts based at the DCI National Forensic Laboratory will be obtaining DNA samples from the suspects for examination and analysis.

Already, digital forensic analysts have placed the two main suspects at the scenes of each crime and the investigating officer is preparing a comprehensive case file, for presentation in court.

In other related news, A court sitting in Embu has sentenced a form four candidate to serve seven years in prison after he was found guilty of defilement.

Brian Mutwiri denied defiling a form two girl aged 16 years on August 23, 2020, at Gatunduri sublocation in Embu West sub county.

He also faced an alternative charge of committing an indecent act with a child.

While handing the sentence, Embu Senior Resident Magistrate Juliana Ndeng’eri observed that, whereas the court considered the accused was in his final year, the options were limited as the law provides for a minimum sentence.

She said the court in an attempt to balance the rights of the accused as an adult despite being a candidate, the rights of the minor were paramount at all times.

“The accused is in school and in his final year. He is an adult and cannot be taken to a borstal institution,” ruled Ndeng’eri.

Through his counsel Njeru Nthiga, the accused pleaded for leniency from the court. “The accused is a form four candidate, he is remorseful and asks the court to consider that,” the counsel submitted.

The court ruled that the offence was centred on consent, penetration and identification. “The three were proved and a 16-year-old could not consent to engage in sex with the accused person and an identification was properly done,” Ndeng’eri noted in the ruling.

The court further ruled that ingredients of the offence of defilement were duly proved and to the required standard and the accused was found guilty and convicted accordingly.

According to the court documents, the Form One girl in 2020 spent three days at the accused person’s house.

She told the court she wanted the matter to be resolved to be able to marry the accused person with who she said they were in a relationship.

The mother had reported that her girl had vanished only to return three days later.

The girl also told the court that she had sought refuge as she was stressed by her mother who was unkind to her.

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