By Wangari Humphrey
Worth Noting:
- “I refused and he told me if I don’t lie he will come after me at our home. I took the items at home later I returned to the road, the man told me to accompany him down the river, when we got there he asked me to remove my trouser and threatened to shot me with a gun,” the boy testified.
- The boy told the court that the accused removed his trousers and lied on him from back as sexually assaulted him.
- “Another man came and found the accused on act and hit him felt on him on the ground and left him there .He took me to my grandmother,” the boy testified .
A 41-year-old man will serve two decades in prison for sodomising a mentally challenged 13-year-old boy.
Nyeri Senior Principal Magistrate Caroline Kenda Obara convicted Benson Kariuki Wanjiru after finding him guilty of the sexual offence.
According to the courts document, Kariuki was charged that on December 24, 2022 at about 7.00 pm in Kieni west, Nyeri County sodomised the teenager.
On the second offence, he was charged with committing an indecent act with the boy by touching his the private parts.
The prosecution produced five witnesses, including the boy who testified that on the material day at about 6pm while on his way back from a shop where he had gone to buy bread, tea leaves and sugar the accused called him and asked him to lie down.
“I refused and he told me if I don’t lie he will come after me at our home. I took the items at home later I returned to the road, the man told me to accompany him down the river, when we got there he asked me to remove my trouser and threatened to shot me with a gun,” the boy testified.
The boy told the court that the accused removed his trousers and lied on him from back as sexually assaulted him.
“Another man came and found the accused on act and hit him felt on him on the ground and left him there .He took me to my grandmother,” the boy testified .
The boy told the court they went to Endarasha Police Station later to the hospital he was treated and he was referred to another hospital for further treatment.
The boy testified that he knew the person who sexually assaulted him by his appearance since he is a casual labourer in their village.
The grandmother testified that on December 24, 2024 she was at her home when someone called her from the gate.
“When I got closer I found it’s my neighbour Wanjihi with my grandson, I asked why he was late but I realised he was trembling, my neighbour told me that my grandson was sexually assaulted by a certain man but he had beaten him,” grandmother testified.
She told the court that they took her grandson to Endarasha Police Station later to the hospital where they were referred to Nyeri County referral hospital for further treatment.
Douglas Ndirangu Wanjihi testified that on that day at about 7.00pm he was on his way to shopping centre along his way he heard a child crying saying “wachana na mimi” ( leave me alone) he used his phone light and saw the accused person lying on the top of the child from back.
“Both were naked. I hit the accused twice and took the child to his home I knew the accused was my classmate,” Ndirangu said.
Nyeri County Referral Hospital doctor Nderitu Mawia testified that the P3 form was filled by his colleague William Kariuki who was on study leave.
Dr Nderitu told the court that the Post Rape Care (PRC) was filled by Geoffrey Kamau where the boy first reported he has been sexually assaulted.
“The nature of the injury was harm.There was penetration and the offence was sodomy. The external genital was normal The anal had a tear with minimal bruises. There must have been penetration , urinalysis was normal.The minor was intellectually challenged,” the report stated.
While convicting him, the Magistrate stated, “I have considered all the evidence produced by the prosecution all the elements required including age identification and penetration has been proven,” she said.
Magistrate observed the birth certificate produced in court showed he was born on December 25, 2009 and was aged 13 years at time of offence.
The complaint indentified the assailant by his nickname and as a casual labourer at that village.
On penetration the magistrate stated that the doctor proved on his report that the boy complained of annual pain and in his conclusion there must been penetration.
Magistrate observed that “I must say in defilement cases court heavily relies on the complaints evidence and medical evidence in this case both evidence collaborated.The accused had a canal knowledge against order of nature,”.
In his defence, the accused pleaded for liniency as a first offender.
The probation report stated that the accused family needed him, and administration had no problem on non custodial sentence.
However, the magistrate observed said the accused took advantage of the victim mental status and the boy needed psychological counselling.
“I have considered the mitigation of the accused the probation officer report, defence counsel and prosecution.The offence commit
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