Sex Offences

Defilement Convict freed by Narok High Court after successful appeal

Mr Charles Makori has been set free by a Narok High Court. In a judgment delivered by Narok High Court judge Justice Justus Bwonwonga the convict was set free as his imprisonment term was overturned.

“The upshot of the foregoing is that the appellant is hereby ordered set free unless on other lawful warrants,” said Justice Bwonwonga.

In quashing the 20 year imprisonment term that the accused was serving, Justice Bwonwonga stated that the trial had been conducted in an unfair manner which contravened provisions of a fair trial as stipulated in Article 50 of the Constitution. He categorically slated the judgment made by the subordinate court asserting that the failure of the primary witnesses [i.e the victim and her father] to appear in court for cross-examination negated the trial procedure before the magistrate court.

In 2017, Senior Resident Magistrate Hosea Ng’ang’a had found Mr. Makori guilty of contravening Section 8(3) of the Sexual Offences Act. 

Section 8(3) of the Act proscribes an adult from defiling a minor between age of twelve and fifteen. It prescribes an imprisonment term of not less than 20 years upon conviction.

In his judgment, the magistrate stated that the case against Mr Makori had been proved beyond reasonable doubt by the prosecution. He added that not only had all facts of the case been well corroborated but also they did not leave any loose ends.

“The girl was found in accused’s house, a clear indication that he is the one who committed the heinous act on the young girl. Her evidence was also corroborated by other witnesses,” the magistrate had said.

The magistrate added that the prosecution had convincing evidence and that the failure of the accused to confirm the victims age was to his detriment. Furthermore, the allegation of bad blood between the accused and the victims father could not hold water.

Particulars of the case reveal that the convict had been accused of defiling a 15 year old school girl on diverse dates between March 3,2017 and March 21, 2017. 

However, Mr. Makori vehemently denied the charges opining instead that he had been framed by the victim’s father who held a grudge against him. He also argued that at first instance he had thought the girl was above 18 years old since she appeared and conducted herself like an adult. Moreover,he stated that he had approached the girl with intentions of marriage.

In a deposition by the Investigating Officer of the defilement charge against Mr. Makori, the court was informed that the minor and her father refused to appear in court for cross examination. They had opted for an out of court settlement as prevalent in most cultures around Narok County.

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