A 28-year-old man has been jailed for 17 years after sodomizing and grievously harming his biological three-year-old son in Riwo Ward West Pokot County.
Issah Kemoi was sentenced on two accounts, whereby one stated that on May 16, 2019, he unlawfully sodomized his son contrary to section 162 (a) of the penal code and caused grievous harm to the minor contrary to section 234 of the penal code.
In his ruling, Kapenguria Law Courts Principal Magistrate Samuel K Mutai sentenced the accused, Kemoi, to seven years in imprisonment for the first account and ten years for the second account.
“Considering that it’s his first offence, I, therefore, sentence you to 17 years in prison for both accounts, you have 14 days to appeal if you think you have been offended,” said Mutai.
Details emerged that Kemoi had unlawful carnal knowledge of his three-year-old son against the order of nature.
The magistrate said the five witnesses including the son who appeared in court corroborate in giving their statements and that he saw no reason why a three-year-old would lie against the father.
The prosecution proved beyond reasonable doubt that he had indeed sodomized his biological son
The witnesses testified in court that the man burnt his son on the thighs with a cigarette, cut the penis, broke the clavicle bone and fractured the shoulders of the minor which subjected the minor to a lot of pain.
“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,” said Mutai.
Another witness testified before the court that the accused had differed with the wife who left him with his children on that fateful night.
“I was called by the neighbours in the morning to save the child who had been sodomized the whole night where I found the minor lying on the bed with a swollen body with burns on the thighs and the penis oozing blood after it was cut. I rushed my grandson to the hospital’,” she said.
The fourth witness testified that the neck of the child was broken and the anal region had a tear which damaged the anal part resulting to painful urination with bloody stool which proved that the boy was harmed.
“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.” Said Mutai.