47-year-old Baringo chief sentenced to 40 years imprisonment for defiling, impregnating minor

47-year-old Thomas Chesang, a Kasaka assistant chief, has on Friday been sentenced to 40 years imprisonment by Kabarnet law courts for defiling and impregnating a 13-year-old girl.

While delivering the sentence, Senior Resident Magistrate Caroline Ateya noted that the prosecution had proved its case against Chesang beyond a reasonable doubt.

Ateya ruled this sentence based on the gravity of the offender’s responsibility to the third party, therefore, denying his plea to be given non-custodial sentencing.

“I have heard the mitigation by the accused and submission made by the prosecution in regards to the sentencing, I have also taken into account the nature and circumstances of offence hear in, the accused has been found guilty of the offence of defilement contrary to sexual offences Act which provides that a person found guilty of defiling a minor is liable to imprisonment of not less than 20yrs. He is not fit for non-custodial sentencing and I, therefore, sentence the accused to 40 years imprisonment,” she ruled.

The magistrate further noted that the accused had abused trust and authority, saying the minor who is under a vulnerable group had suffered psychological effects from the ordeal that she has had to be placed in witness protection and undergo counseling.

Chesang, who was also accused of forcing the minor to terminate the pregnancy, had committed the heinous act at his house in Kasaka village, Baringo North Constituency between February and August 2021.

The minor in her prior testimony, stated that she had been grazing their cattle at the administrator’s home before he lured her, defiled her twice and handed the teen pink pills to swallow.

The teen also told the court that Chesang had handed her Ksh100 and threatened to kill her if she would disclose the matter to anyone else. It was until she missed her periods that she resorted to telling her in-law who later reported the matter to the police station.

In his testimony, Japhet Cheserek a clinical officer at Kabartonjo hospital had told the court that he examined the minor upon her arrival at the facility and established that she was around six months pregnant.

Later, the minor’s family conspired with the accused to get rid of the pregnancy by procuring an abortion to conceal evidence days after trying to settle the matter out of court.

However, with the help of the investigation officer Mildred Kibet attached to Kabartonjo and other officers, some of the village elders alleged to be solving cases out of court were arrested and charged with conspiracy to derail justice. The investigators later arrested Chesang who was in a hideout in Nakuru and charged him accordingly.

The accused had however in his mitigation prayed that he be handed a non-custodial sentence saying that he has a young family. He further pleaded that his 87-year-old mother was depending on him adding that he was not in good health.

The prosecution had however submitted that the accused be sentenced to life imprisonment basing their submission on the provisions of the sentencing policy and particularly paragraph 23 on aggravating and mitigating circumstances.

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