Man handed life sentence for defiling six-year-old girl

NAIROBI,Kenya Sep 23 – A Kakamega man has been sentenced to life imprisonment for defiling a six-year-old girl in a case in which the court considered that he had been 17 years old when he committed the offence.

The man was convicted of defilement and assault causing actual bodily harm following a successful prosecution by the Office of the Director of Public Prosecutions (ODPP).

He 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 and a separate count of assault causing actual bodily harm.

The offences were committed about five years ago when the accused was aged 17.

The prosecution called six witnesses whose evidence established that the minor had been sexually assaulted and suffered 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 charges.

Prosecution Counsel Stella Adeny led the State’s case, with the evidence ultimately persuading the court that the charges had been proved beyond reasonable doubt.

The court subsequently convicted the accused on both the defilement and assault charges.

During sentencing, the court considered the accused’s mitigation that he was 17 when he committed the offences. By the time he was sentenced, 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, relying on judicial precedent, the court held that the provision could not apply in the circumstances because the accused had become an adult by the time of sentencing.

The court consequently found that he was liable to be sentenced as an adult and that the mandatory sentence prescribed under Section 8(2) of the Sexual Offences Act applied.

Resident Magistrate Stive Ochieng sentenced the accused to life imprisonment for defilement and an additional four years for assault causing actual bodily harm.

The two sentences will run concurrently, with the sentence taking effect from June 17, 2026.