An Eldoret man was taken aback when his effort to have a bestiality case settled out of public court hit a snag because the complainant against him-a sheep, cannot reason with humans.
James Kimeli Kiptoo from Kaptarakwa, Keiyo South had asked a magistrate to have his case considered for the now popular out-of-court-settlements because he had talked to the complainant-a sheep.
This made the magistrate Mildred Munyekenye wonder loudly: “What do you mean Mr. Kimeli, how did you speak to the sheep to have this case sorted out of court? Note that the sheep is the complainant in your case and your application can only be perplexing.”
Kimeli who looked embarrassed had been charged with committing an unnatural act with his brother’s sheep on March 23, 2018 after he found it grazing around his compound.
To make the matter not proceed to full trial which could as well take up to three years and probably to save his image Kimeli thought to stop the proceedings on the first day he stepped in the dock.
But his reason was not well thought through as he would later come to learn because his unique complainant-the sheep, could not reason at least, not with man.
Kimeli was not of the suspects who give up quickly. When he was brought to the reality he went on explaining that he had not spoken to the sheep per se but his brother who was the owner of the sheep.
“I raised the matter with my brother who owns the animal and he looked positive on having us solve it at home. Actually I did not commit the offense and he (brother) is just after tainting my image over a land division dispute back at home,” said Kimeli.
But the jurist cut him short reminding him to raise the issue of false accusations and malice from his brother at the trial phase of the case.
“The issues you are raising do not add value at this stage of trial. Understand that the case is at pleading stage where you are tied to accepting or denying the charge(s) read to you. When the matter proceeds to the next stage-hearing, you will get an opportunity to raise the land dispute issue as a defense,” said Munyekenye. “As matters stand you have denied the charge.”
She ordered the prosecution to furnish the court with the veterinary’s report on the damage caused to the sheep ahead of the hearing on Kimeli’s case on April 25.
Kimeli was offered an option of paying a Sh100, 000 bond if he wished to proceed with his case outside prison remand custody after entering the plea of Not Guilty.
