From 20 years to life imprisonment: Bomet father who sexually abused his 3-year-old daughter receives enhanced sentence

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From 20 years to life imprisonment: Bomet father who sexually abused his 3-year-old daughter receives enhanced sentence

A man has been sentenced to life imprisonment after he was convicted of sexually abusing his three-year-old daughter, following a successful application to the High Court to enhance his sentence.

Josphat Kipkoech Kirui was initially convicted of incest contrary to Section 20(1) of the Sexual Offences Act by the Bomet Magistrate’s Court and sentenced to 20 years’ imprisonment.

The court heard that between 27th September 2022, and 27th January 27 2023, in Chepngaina Village, Bomet County, Kirui repeatedly sexually abused his daughter.

During the trial, the prosecution, led by Counsel Judith Koech, presented seven witnesses who testified in support of the case. Evidence before the court established that the abuse caused the child to develop a fistula, necessitating corrective surgery. She continues to receive medical treatment.

Dissatisfied with both the conviction and sentence, Kirui appealed to the High Court. The DPP filed a notice seeking enhancement of the sentence, arguing that the 20-year prison term was unlawful and inadequate.

In a judgment delivered by Justice Julius Ng’arng’ar, the High Court upheld the conviction. The court also allowed the prosecution’s application for sentence enhancement, finding that the original sentence was inadequate and unlawful in view of the gravity of the offence, the victim’s tender age and the severe physical harm suffered.

Consequently, the court enhanced the sentence from 20 years’ imprisonment to life imprisonment.

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A man has been sentenced to life imprisonment after he was convicted of…


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