Boy, 15, in court for defiling, infecting 6-year-old girl with HIV
What happens in a situation where a child defiles a fellow child? Not only that, but the old minor infects the younger minor with HIV in the act.
This is an active case that an Eldoret Magistrate had to deal with this week.
The 15-year-old boy at the centre of the case took a plea before an Eldoret Court in the case where he is accused of defiling and infecting a fellow minor aged six years old with HIV.
Due to the nature of the case, and the subjects involved, the plea was taken in camera. The accused, a Grade Eight pupil, is said to have been born with the virus.
The juvenile was charged with defiling another minor contrary to Sections 8(1) and 8(2) of the Sexual Offences Act of 2006.
The charge sheet stated that on diverse dates between January and April this year, he defiled the girl. He was also charged with deliberate transmission of HIV contrary to Section 26 of the Sexual Offences Act 2006.
The accused, who was represented by lawyer Oscar Oduor, denied the charge before Eldoret Chief Magistrate, Dennis Mikoyani.
Lawyer Oduor pleaded with the court to release the accused on lenient bond terms, bearing in mind that he was also a child in need of care and protection.
“Looking at the case before us, the court will appreciate that both the accused and the victim are all children in need of care and protection. I kindly request this court to release the accused on lenient bond terms,” Mr Oduor told the court.
Following the application by the defence, the court released him on a Sh50,000 bond with a similar surety.
The matter will be mentioned on May 13 for further direction on how to conduct pre-trial.
Two weeks ago, another minor aged 14 was charged with defiling a boy aged nine. The matter will be mentioned on Friday, May 3.
According to police, the accused is actively being investigated for similar cases where he is alleged to have defiled seven other minors.
Investigators say the teenage boy has a record of defiling five girls and three boys.
He has become a frequent guest at the police station as a suspect in sexual offenses. He is alleged to have defiled eight minors in his neighborhood, with seven of the cases still under investigation. He has already been charged with sodomizing a fellow boy.
The Grade Eight pupil was charged on Monday with defiling a nine-year-old boy after a pro bono lawyer was sourced and found to represent him. The charge sheet stated that the boy defiled a nine-year-old boy contrary to Section 8 of the Sexual Offences Act of 2006 in March.
Due to his age, the court was extremely lenient to him by allowing his mother to pay Sh8,000 as cash bail to secure his release pending the hearing and determination of the case.
The boy had earlier been arraigned in court to face sexual offences charges, but due to his age and the nature of the crime, Eldoret Senior Resident Magistrate Kyne Odhiambo ordered that the minor be helped to get a pro bono lawyer.
Police suspect that he started engaging in sexual activities at the age of 10. Among the victims include his playmates who are boys aged between five and nine.
“We have had on some occasions to warn him and release him from custody due to his age,” said an investigating officer during an application before the Eldoret court to detain the suspect pending investigations in one of the cases.
The investigating officer, who spoke off the record before an Eldoret magistrate, regretted that efforts to help the boy reform and prevent his appearance in court have been futile.
“We did not want to rush the matter to court bearing in mind that the minor is a child in need of care and protection but due to his unbecoming behavior we have been forced to seek legal intervention on the matter,” said the officer on condition of anonymity.
tominde@ke.nationmedia.com
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