This archive report was first published on 29 September 2019.
On September 29, 2019, Kapenguria Law Courts Principal Magistrate Samuel K Mutai handed down a 17-year prison sentence to Issah Kemoi, a 28-year-old man, for sodomizing and grievously harming his three-year-old biological son in Riwo Ward, West Pokot County.
The court found Kemoi guilty of two accounts: one for unlawfully sodomizing his son on May 16, 2019, contrary to section 162 (a) of the penal code, and the other for causing grievous harm to the minor contrary to section 234 of the penal code.
According to the magistrate, the five witnesses, including the son, corroborated their statements, and there was no reason to doubt the child's testimony. The prosecution proved beyond reasonable doubt that Kemoi had indeed sodomized his biological son.
The witnesses testified that Kemoi had burnt his son's thighs with a cigarette, cut the penis, broke the clavicle bone, and fractured the shoulders of the minor, subjecting the child to immense pain.
Magistrate Mutai stated, “The child was admitted at Kacheliba Sub County Hospital for two weeks where he was treated, which confirmed that the boy was sodomized as he could not be able to urinate.”
Another witness testified that Kemoi had differed with his wife, who left him with their children on the fateful night. The witness rushed the child to the hospital after finding him with a swollen body, burns on the thighs, and the penis oozing blood.
Magistrate Mutai concluded, “Supported by the doctor’s report, there is clear proof of sodomy and the accused was well identified and caused pain to the minor. The act was unlawful, and he deserves to be jailed, let it be a lesson to all children defilers.”
