DPP recommends defilement charges against Yala clinician over alleged abuse of 14-Year-Old

NAIROBI, Kenya, Oct 29 – The Director of Public Prosecutions (DPP) has recommended charges against a clinician based in Yala, Siaya County, over the alleged defilement of a 14-year-old girl.

In a statement issued on Thursday, October 29, the Office of the Director of Public Prosecutions (ODPP) said it had reviewed an inquiry file submitted by the National Police Service and determined that the suspect should face charges under the Sexual Offences Act.

The clinician is to be charged with defilement, contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act, No. 3 of 2006.

The law criminalises sexual acts with children, with penalties varying according to the victim’s age and the applicable statutory provisions.

Section 8(3) provides for a minimum prison sentence of 20 years upon conviction where the child is aged between 12 and 15 years.

The ODPP said sexual offences would not be subjected to alternative dispute resolution or other diversion mechanisms, stressing that such cases must be handled within the established legal framework.

The prosecution agency said the position was guided by its policy guidelines and reiterated its commitment to protecting vulnerable persons, promoting accountability and upholding the rule of law.

“The ODPP reaffirms its commitment to upholding the rule of law, promoting accountability, protecting vulnerable persons and independently, impartially and effectively discharging its constitutional mandate,” the statement said.

Under Section 8(1) of the Sexual Offences Act, defilement occurs when a person commits an act that causes penetration with a child. A child aged 14 falls within the 12-to-15 age bracket covered by Section 8(3), which provides for a minimum prison term of 20 years upon conviction.

The DPP’s decision follows the review of the police inquiry file, although the statement did not disclose when the alleged offence occurred, the circumstances surrounding the incident, the identity of the suspect or whether the clinician had been presented in court.

The ODPP is mandated under Article 157 of the Constitution to institute and undertake criminal proceedings on behalf of the State, independently of direction or control by any person or authority.