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The Nairobian

Two men jailed for 30 years for sodomising minor, infecting him with HIV

Rift Valley

By Nikko Tanui | Mar 28, 2025

Two men have been sentenced to 30 years in prison each for repeatedly sodomising a minor and infecting him with HIV.

Ezekiel Tanui and Derick Kirui were charged with sodomy under the Sexual Offenses Act and deliberate transmission of HIV, contrary to Section 26(1) of the Sexual Offenses Act No. 3 of 2006.

The charges against the duo state that on various dates between October 20, 2023, and November 17, 2023, in Baraka Village, located on the outskirts of Kericho town, they sodomised the complainant.

The 16-year-old victim testified in camera before Kericho Principal Magistrate Frederick Nyakundi. He shared that he had dropped out of school in Kipkelion and came to Kericho on October 20, 2023, to attend the Mashujaa Day celebrations.

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After the celebrations at Kericho Stadium, he lacked the bus fare to return to his village.

The victim stated that he met the first accused, Ezekiel Tanui, who introduced himself as a casual worker. He offered to let the victim stay in his one-room rental house at Baraka Estate.

The victim testified that both Tanui and Kirui sodomised him throughout the night, as there was no bed in the house. Despite his cries for help, none of the neighbours intervened.

He explained that the suspects did not use any protection and forced him to stay in the house while they went out to look for bus fare.

Tragically, the assault continued for a month until police, acting on a tip-off, arrested the suspects on November 17, 2023.

During the judgment delivered on Friday, Magistrate Nyakundi stated that the prosecution had proven the case beyond a reasonable doubt. He sentenced each accused to 30 years in prison without the option of a fine.

“This court finds that the evidence provided by the complainant was reliable, consistent, and corroborated by other witnesses, proving the counts against the accused beyond a reasonable doubt,” he said.

The court, however, granted the accused 14 days to appeal the judgment.