KAKAMEGA MAN SENTENCED TO LIFE FOR DEFILING SIX-YEAR-OLD GIRL

A Kakamega man has been sentenced to life imprisonment after being convicted of defiling a six-year-old girl, bringing to a close a case prosecuted by the Office of the Director of Public Prosecutions (ODPP).

The man, who was 17 years old when he committed the offence five years ago, was initially charged with defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. He also faced an alternative charge of committing an indecent act with a child, alongside a separate charge of assault causing actual bodily harm.

The prosecution called six witnesses whose evidence established that the child had been sexually assaulted and sustained injuries.

The prosecution also presented an age assessment report that established the victim's age. The report was corroborated by medical evidence and testimony from other witnesses. Evidence presented before the court further demonstrated that penetration had occurred and positively identified the accused as the perpetrator, despite his denial of the charges.

Prosecution Counsel Stella Adeny led the case and presented evidence that persuaded the court that the prosecution had proved the charges beyond reasonable doubt. The court subsequently convicted the accused of both defilement and assault causing actual bodily harm.

During sentencing, the court considered the accused's mitigation that he was 17 years old at the time of the offences but had attained the age of 22 by the time he was sentenced.

The court considered Section 8(7) of the Sexual Offences Act, which provides for child offenders to be dealt with under the Borstal Institutions Act and the Children's Act. However, relying on judicial precedent, the court held that the provisions did not apply in the circumstances because the accused had attained adulthood by the time of sentencing.

The court therefore determined that the accused was liable to be sentenced as an adult and that the mandatory sentence provided under Section 8(2) of the Sexual Offences Act applied.

Consequently, the court sentenced him to life imprisonment for defilement and an additional four-year prison term for assault causing actual bodily harm. The sentences will run concurrently, effective from June 17, 2026.

Resident Magistrate Hon. Stive Ochieng delivered the sentence, marking the conclusion of the prosecution's case.

The ODPP said the outcome underscores its commitment to pursuing justice for children who are victims of sexual offences and holding perpetrators accountable through the courts.