Pupil To Serve 3 years Probation For Defiling And Strangling 2-Month-Old Infant To Death.
A 15-year-old Siaya boy sentenced to three years’ probation for defiling and strangling a two-month-old infant to death.
On February 15, High Court judge Roselyne Aburili found the teenager guilty of killing the baby on July 22, 2021.
When he was 14, he committed the crime while living with his paternal aunt. At the time of the incident, he was in Grade 4.
The judge lamented the fact that such a young boy would defile and strangle a baby.
“I find the most suitable punishment is a probation order. I order that the subject shall serve probation for a period of three years from the date of release from the Kisumu Children’s Remand Home so that he is counselled and assisted to reform,” the judge ruled.
This means that rather than going to jail, he will remain in the community under the supervision of a probation officer while adhering to court orders.
The magistrate also ordered that the boy be cared for by his biological parents and return to school.
The accused was also barred from leaving his house for his paternal aunt’s house or any other location without the permission of the probation officer and his parents.
“Should the minor breach any of the terms of the Probation Order, he shall be returned to court for further orders as deemed fit and just and provided for in law,” she ruled.
The mother of the deceased baby testified in court that she left her sleeping baby in the house to attend her father-in-vigil. law’s The baby was left in the care of the boy.
She claimed that when she went to check on the baby, she discovered her dead alongside the accused in the house.
The child died of suffocation as a result of strangulation, according to the postmortem report. Defilement was established.
The court considered the probation report when sentencing the boy, which stated that the offence occurred when the boy was most likely looking for an opportunity to have sex with the victim’s mother.
It was claimed that she drank heavily and was frequently sexually abused, possibly by the accused, among other things.
According to the probation report, while at the Kisumu Children’s Remand Home, he most likely learned his lesson and promised to avoid bad company and trouble in the future.
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His father seemed hesitant to take custody of the boy because he witnessed bad behavior at his aunt’s house.
The court was told that the children’s officer also discovered that the subject consumed alcohol and bhang, which substances he may have been introduced to while staying at his paternal aunt’s house.
The accused pleaded for a light sentence, saying he was sorry and eager to return home and follow his parents’ instructions. He, too, was eager to return to school. He, too, was a first-time offender.