A woman who gave misleading information to the police to conceal the identity of a man who defiled her daughter has been slapped with a three-year jail term.
Esther Kasiti was convicted and sentenced on her own plea of guilt. The court established that Kasiti gave misleading information to police after learning that her 17-year-old daughter had been defiled and impregnated by a kin.
Justus Okanga Oyolata, who is said to have defiled the minor and Kasiti settled the matter out of court.
The woman implicated Meshack Muchiti, who has been charged with attempted defilement.
“When she took the minor to the hospital, the pregnancy was confirmed and upon questioning the girl it emerged that Okanga was responsible for defilement and pregnancy. Since it is a taboo in the luhya community to have a baby with a kin, she tried to hide the facts,” said Ms Kibet.
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The investigating officer found out the implicated person was not the real perpetrator before the accused was apprehended over conspiracy to defeat justice.
While delivering his judgement, Senior Resident Magistrate Erick Malesi referred to the offense as a very serious one since charges of sexual assault attract stiff penalties.
Mr Malesi insisted that the accused person was also hiding the pregnancy of the victim who is her biological daughter and a candidate expected to sit her national examination next year.
“The accused therefore is perpetuating a cycle of teenage pregnancies which gives a bleak future to children born of such ignorance’s. In my view, the accused should suffer the maximum penalty in law. In any case the accused would have been charged under section 375 that prefer a much stiffer penalty,” read the magistrate in his judgement.
He ruled that, “She shall therefore serve three years imprisonment but has a right to appeal within 14 days.”
