A 65-year-old man has been sentenced for life for defiling a 11-year-old girl in Tana River County.
According to the Director of Public Prosecution (DPP), the man was sentenced after Senior Principal Magistrate Hon. Edward Too found him guilty of defilement committed at Kone Village, Tana River Sub-County.
He was convicted on one count of defilement contrary to Section 8(1), as read with Section 8(2), of the Sexual Offences Act, No. 3 of 2006. He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the same Act.
The court found that the testimony of the minor together with the medical evidence and accounts of the witnesses proved the case beyond reasonable doubt.
“In his judgement, Hon. Too held that the prosecution had proved its case beyond reasonable doubt, dismissing the accused person’s alibi defence as unconvincing. The court found the testimony of the minor was consistent and corroborated by medical evidence and accounts from other witnesses,” the DPP stated.
In support of the prosecution’s case, the court also considered documentary evidence, including P3 form, treatment notes and the victim’s birth certificate, which established her age.
During the trail process, the prosecution team presented six witnesses, including the victim, her mother, grandmother, a Sub-County Children’s Officer, a clinical officer and the investigating officer.
“In his ruling, the magistrate reiterated that the burden of proving an accused person’s guilt rests with the prosecution throughout the trial and must be discharged beyond reasonable doubt,” the DPP mentioned.
The DPP further noted that the court said the sentence reflected the gravity of the offence, served as a deterrent to potential offenders and the need to protect children from sexual abuse.
