By Reuben Olita -Busia
An Angurai businessman was on Monday sentenced to 30 years imprisonment by a Malaba Court for defiling a minor aged 13 years.
In his ruling, Senior Principal Magistrate, Ocharo Momanyi, found Moses Okono guilty of the offence of defminor in 2023.
SPM Ocharo, while delivering the judgement, said the case started in Busia court before it was transferred to Malaba law court domiciled in Amagoro in 2025. ” The state called 5 witnesses, including a medical doctor who presented a medical report. The court also heard how people attempted to attack his business premises,” Momanyi said in his ruling.
The prosecution witnesses testified how the elderly man used to entice the minor with sweets and other goodies to force her into premature sex.
In mitigation, Onono said he was a family man, sickly man, and that he had six children who needed tender love. He asked the court to pardon him from his ill devil deeds.
In a related development, Ocharo has admitted that Malaba law court has registered positive outcomes in handling sexual offences cases. ” If people are found guilty, we convict them, the SPM said while addressing journalists on Tuesday. He gave statistics for sexual offences for the last two and a half years. In 2024, 69 cases, 2025, 60 and as June 28, 2026, 27.
Last Sunday, one of the leading TV stations featured a story on sexual offences and blamed the entire law courts in Busia county for delayed dispensation of justice to victims by either transferring magistrates handling the cases and using unorthodox means to terminate such cases.
In reaction to courts adopting alleged delaying tactics in sexual offences cases, Ocharo cited some challenges related to sexual offences cases. ” Most cases involve people who are related to each other, family or neighbours who are sometimes tied to hide evidence belcause of their close affiliation. Startling statistics by the SPM revealed a case where a boda boda aged 21 years got involved in a relationship with a 17-year-old minor and approaching 18. The girl delivered a minor.
During the hearing, the duo came to court with the “husband” carrying the baby in court, and the girl seated besides him. The girl became a hostile witness. The man accepted ” defiling” her. Can you convict him? the Magistrate wondered. We encourage DPP to divert such cases to an alternative justice system. ” What will the society gain if you convict such a person. You will deny the minor an opportunity. The girl is now an adult, and she can make her own decision. ”
Magistrate Ocharo encouraged members of Parliament to give a leeway to minors aged between 17 and 18 years in line with Romet and Juliet since they had a relationship and the man was a prospective husband. Instead, they should be subjected to probation and cancelling.”
Momanyi admitted that sexual offences are social problems accruing through the way people relate in the society.He urged the media to be in the forefront to educate people on the dangers of involving in such vices and inherent penalties, assuring them that all future proceedings will be typed for ease of reference.
He said even police officers misreport court proceedings. He cited a sexual offence case where he released a police officer on bond, but surprisingly, the same officers dispatched a signal to the effect the accused officer was given personal bond!
On illicit brews, Momanyi said they consider so many things before an accused person is convicted. ” A case in hand is when the police arrested a woman. When she appeared in court, the woman pleaded she was the mother of a four-day old child. ‘ I asked the police whether they were aware. I had no option but to acquit her.
He said there are some cases that should not be brought before court. He cited socially problems involving close relatives. He also cited a recent case involving a sick chief whose wife was not helping ŵ. I advised them to seek an amicable solution. The complainant came back and withdrew the case.”
