A 62-year old man was on Wednesday slapped with a 10-year jail term by a Murang’a court after he was found guilty of sodomizing a 16-year old boy.
Patrick Njoroge was found guilty of committing the heinous offense on January 12, 2024 at Muchungucha location of Murang’a County.
In his testimony the complainant who is mentally challenged told the court the accused at the night of the mentioned date arrived in the area where he lives with uncle and requested to be escorted.
He narrated that when they reached at the accused home, Njoroge removed his clothes and reprimanded him also to remove his.
The complainant further said the accused took advantage of his disability to commit the heinous act and threatened him not to inform anyone on what transpired.
The victim further noted that he has known the accused person for quite a long time since he lives near their home and most times he sees him in a shop next to their home.
The uncle of the victim in his testimony told the court that he was at home asleep that night when the victim came to his house and told him that he had been at the accused’s house.
He noted the boy explained what the neighbour had done to him adding that he didn’t take any action at the moment as he was to report to work the following day.
He further said later in the day the victim started experiencing pain while going for long calls prompting him to accompany him to Murang’a Level 5 hospital for examination.
According to the medical report tabled before the court, the boy was sodomized and the act left with anal injuries.
In his defense, Njoroge who gave an unsworn testimony noted that on the mentioned evening he had gone to a nearby bar to take some drinks, denying meeting the victim and committing the offense.
He blamed the family of the victim for trying to frame him for unknown reasons asking the court to quash the case.
Probation report presented in the court indicated members of the local community condemned the offense and objected to a non-custodial sentence for the accused.
In his mitigation, Njoroge pleaded for leniency requesting a non-custodial sentence claiming he has health challenges and in consideration of his advanced age.
He also asked the court to take into consideration the time he has spent in remand after he failed to raise the required bond.
Delivering the judgment, Senior Resident Magistrate Eric Musambai acknowledged the accused mitigation and took into consideration the period he has been in custody ordering the duration to be subtracted from the sentence term.
By Bernard Munyao and Catherine Kamunyo