A Kakamega man has been sentenced to life imprisonment after being convicted of defiling a six-year-old girl, an offence he committed when he was aged 17.
The accused was charged under 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 and a separate count of assault causing actual bodily harm.
The prosecution called six witnesses during the trial and presented evidence showing that the child had been sexually assaulted and suffered injuries. An age assessment report placed the victim’s age at six years, with the findings supported by medical evidence and testimony from other witnesses. The prosecution also presented evidence that established penetration and linked the accused to the offence, despite his denial of the charges.
Prosecution Counsel Stella Adeny led the State’s case, successfully demonstrating to the court that the evidence met the threshold of proof beyond reasonable doubt. Resident Magistrate Stive Ochieng subsequently convicted the accused of defilement and assault causing actual bodily harm.
During sentencing, the court considered the accused’s mitigation that he was 17 when the offences were committed. By the time he appeared for sentencing, however, he had attained the age of 22.
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, after considering judicial precedent, the court found that the provision could not be applied because the accused had become an adult by the time of sentencing.
The court consequently determined that he was liable to be sentenced as an adult and that the mandatory punishment prescribed under Section 8(2) of the Sexual Offences Act applied. He was sentenced to life imprisonment for defilement and an additional four-year term for assault causing actual bodily harm. The sentences will run concurrently, with the term taking effect from June 17, 2026.
The sentence brings to a close the prosecution of the case, with the Office of the Director of Public Prosecutions reiterating its commitment to pursuing accountability in sexual offences involving children.
