A Tanzanian citizen has been jailed for 15 years after he was found guilty of defiling 17-year-old girl in Homa Bay County.
In the first count, the 24-year-old foreigner was accused of defilement contrary to Sexual Offences Act of 2006.
The court heard that Isa had carnal knowledge of the minor at Miranga Village, West Kanyadoto Location in Ndhiwa Sub-county on August 14, 2018.
In the second count, he was charged with being in Kenya unlawfully contrary to Kenya Citizenship and Immigration Act of 2011. The accused admitted the charge of being in Kenya illegally but denied defiling the minor.
"It is true that I was present in Kenya unlawfully but I did not defile the girl,” Isa told the court.
The court heard that the accused was employed by one Margaret Adhiambo, as a farmhand in her home at Miranga village.
A medical report from Dr Nelson Waka of Ndhiwa Sub-county hospital revealed that the girl was defiled by the accused.
Six prosecution witnesses who included North Kabura Assistant Chief Maurice Odida, Police Constable Ann Sarikoki and Village elder Narkiso Otieno gave testimonies indicting the accused.
Otieno said he found Isa and the girl in a house where he had been accommodated by his employer. “I reported the matter to authorities before Isa was arrested and taken to Ndhiwa Police Station,” Otieno said.
Ndhiwa Principal Prosecution Counsel Victor Alenga urged the court to give the accused a deterrent sentence due to the high prevalence of sexual offences in the area.
"This county has a high prevalence of defilement. The accused person deserves a deterrent sentence,” Alenga said.
The Principal Magistrate ruled that the accused will serve imprisonment of 15 years for defilement and be deported to his country after completing his jail term.
The accused was given 14 days to appeal before being taken to Homa Bay Prison.
Earlier, Isa was charged alongside his employer who was accused of allowing Isa to defile the minor in her premises.
However, she was acquitted after convincing the court that she was the one who informed the village elder that Isa was defiling the minor.
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