What you need to know:
- While delivering the judgement, Ms Shinyada termed the accused as unremorseful over the act and displayed entitlement to the life of the victim subjecting her to physical and psychological torture to the minor for last three years.
A 50-year-old man in the neighbouring Kenya who admitted marrying a nine year old girl has been handed life imprisonment after he was found guilty of defiling the girl for three years and impregnating her.
Appearing before Narok Court Senior Resident Magistrate Ms Phyllis Shinyada, the accused Saigulu Ololosereka who faced two counts of defilement and marrying a minor was also sentenced to three years for the latter offence.
The suspect, a resident of Entasekera in Narok South Sub-County was arrested over the weekend at Narok County Referral Hospital where he had rushed the girl for treatment after she developed labour-related complications.
The minor underwent Caeserian operation after she experienced still-birth.
While taking plea on January 9, 2023, Ololosereka shocked the court after admitting to have married the girl in 2019 when she was just nine years as the fourth wife and have been living together since then.
The girl who is now 12 years is still recuperating at the facility.
While delivering the judgement, Ms Shinyada termed the accused as unremorseful over the act and displayed entitlement to the life of the victim subjecting her to physical and psychological torture to the minor for last three years.
"To send a message to others with similar behavior, this court has an obligation to protect the interests of the victim who is minor whose life will never be the same again,” said Ms Shinyada.
She added: "He( the accused) has been defiling the child since she was 10 years old or thereabout, therefore with the evidence adduced to this court he is found guilty and will serve life imprisonment for defilement and three years for marrying a minor contrary to the law,".
Ololosereka told court that he married the minor in 2019 and they have been living as 'man and wife' since then.
An age assessment carried out by investigators on the girl confirmed that she was 12 years old.
Right to appeal
Mr Khaemba pleaded with the court to grant his office permission to commit the girl who is yet to be discharged from the hospital to a children’s home, which was granted.
During the delivery of judgment, Ms Shinyada had to call a clerk who was conversant with his native Maasai language to translate to his the judgement which was read in English language.
The court however granted him his right to appeal the ruling within 14 days as per the law.
The court also issued a warrant of arrest to the girl’s parents who had allegedly subjected to minor to early marriage.