A man from Kakamega County has been sentenced to life imprisonment after being convicted of defiling a six-year-old girl.
The accused was 17 years old when he committed the offence five years ago. He was charged with defilement 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 charge of assault causing actual bodily harm.
The prosecution called six witnesses who presented evidence showing that the child had been sexually assaulted and sustained injuries.
An age assessment report presented in court established that the victim was six years old at the time of the offence.
The report was supported by medical evidence and testimony from other prosecution witnesses.
The prosecution also presented evidence demonstrating penetration and identifying the accused as the perpetrator, despite his denial of the allegations.
Prosecution Counsel Stella Adeny led the case, with the court finding that the prosecution had proved the charges beyond reasonable doubt.
The accused was subsequently convicted of defilement and assault causing actual bodily harm.
During sentencing, the court considered the accused’s mitigation that he was 17 when he committed the offences but had since 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, relying on previous judicial decisions, the court held that the provisions did not apply because the accused had become an adult by the time he was sentenced.
The court therefore determined that he was liable to be sentenced as an adult and that the mandatory sentence under Section 8(2) of the Sexual Offences Act applied.
He was sentenced to life imprisonment for defilement and an additional four-year prison term for assault causing actual bodily harm.
The sentences will run concurrently, with the term taking effect from June 17, 2026.
Resident Magistrate Hon. Stive Ochieng delivered the sentence, bringing the prosecution to a close.
The Office of the Director of Public Prosecutions said the outcome underscores its commitment to pursuing accountability in cases involving sexual offences against children.
