Man who touched girl's breast in a matatu guilty of indecent act

 

A Makadara court has found guilty of an indecent act a man who touched the breast of an 11-year-old girl in a matatu in 2017.

The charge sheet says Benjamin Kemboi committed the offence on February, 14 four years ago along Mwiki-Kasarani road.

He denied the charges and the prosecution called four witnesses to testify.

Makadara principal magistrate Merissa Opondo on January 14 said the court would admit the girl’s evidence.

“I found that the complainant when she was giving her evidence in court was bold and had a clear understanding of the issues and events that took place on that day,” she said.

The girl said she was at Santon bus stop waiting for her friend so that they could go to school together.

While still there, Kemboi came, tapped her on the shoulder and asked her to follow him so he could help her board a vehicle.

They boarded a full vehicle and Kemboi asked her to sit on his lap.

By the time they reached Hunter's bus stop, a few kilometres from where they boarded the matatu, Kemboi had started touching and caressing her.

She informed a woman who was sitting next to them that Kemboi was touching her inappropriately. The woman raised the alarm and told Kemboi they would report him to the police.

At the next bus stop, Kemboi tried to escape through the window but was arrested by members of the public.

He was put back in the car and escorted to Kasarani police station where the matter was reported.

The driver and his conductor escorted the girl to school after the mother was informed of the incident.

Catherine Mukhani, a prosecution witness, said she had sat next to Kemboi and the girl and noticed she was uneasy.

She asked if anything was the matter and the girl said Kemboi was touching her private parts.

In court, Kemboi said he is a husband and a father of four and had no ill motive when he offered to carry the girl on his lap.

Kemboi said that he took off as he feared for his life after other passengers started calling him a sex predator and saying he deserved to die.

Magistrate Opondo said Kemboi’s attempt to escape created an impression of his guilt.

“The accused had no reasonable justification as to why he took off yet he would have pleaded his innocence and even be allowed to prove the same before any authority if he was being falsely accused,” she said.

Opondo summoned the complainant’s mother to appear in court and provide a victim impact statement before sentencing.