Kericho: A father of eight who pleaded not guilty to defiling his 17-month-old niece at his house has been jailed for life by a Kericho court. Kericho Senior Resident Magistrate Japhet Bii found Justus Kipsigei Cheruiyot, 46, guilty of defiling the toddler in his house on 1 May 2025 at Chesingoro village in Bureti sub-county within Kericho County.
According to Kenya News Agency, Cheruiyot was also charged with an alternative charge of committing an indecent act with the young child to which he also pleaded not guilty. The prosecution produced six witnesses, all of whom provided corroborating evidence against the accused.
The court heard that on 1 May 2025, the toddler’s mother, at around 10:20 a.m., was woken up from her nap by her four-year-old daughter with information that her 17-month-old sibling was being attacked by the accused, who had taken her to his house while armed with a knife. The child’s mother rushed out of her house and encountered the accused, who is her brother, fleeing as he dropped her crying toddler to the ground.
The mother found her naked child unconscious, with blood oozing from her genitals and mouth. She took her toddler to Kapkatet sub-county hospital for treatment, from where they were transferred to Kericho Referral Hospital in an ambulance. The child underwent surgery and was admitted to the facility for 12 days. The matter was reported to Litein police station, and the accused was arrested at around 5 p.m. on May 1, 2025.
A clinical officer who examined the minor testified that the toddler had been defiled. A P3 form and laboratory reports presented in court indicated that the hymen had been freshly torn and there was bleeding of her private parts. Sexual activity had occurred with penetration, confirming the defilement charge. A birth certificate was also presented, revealing the toddler was indeed 17 months old at the time of the ordeal.
In his defense, the accused gave a sworn testimony denying the offense. He claimed ignorance of the events of that day and stated that he was arrested and informed of the charges at the police station. Cheruiyot asserted that the child was usually in the company of her mother, making it impossible for him to have defiled his niece.
In mitigation, the accused pleaded for leniency, requesting a non-custodial sentence due to his responsibilities towards his eight children. However, the magistrate found him guilty and ordered a life sentence. Magistrate Bii stated, “I have considered the mitigation. I have also considered the circumstances under which the offense was committed. The accused person committed a beastly act upon a child of tender age that was savage. It is more disturbing that the child belongs to the accused sister who lives in the same compound.”
Bii ruled that the elements required to prove the case had been properly established, with evidence of penetration by the accused. The accused was found guilty as charged and consequently convicted under section 215 of the Criminal Procedure Code (Cap 75) laws of Kenya. The convict was reminded of the right to appeal the sentence within 14 days if dissatisfied.
