The Director of Public Prosecutions (DPP) has secured a 20-year prison sentence for a 36-year-old man convicted of defiling a 12-year-old girl in Seme Sub-County, Kisumu County.
The conviction was delivered by Kombewa Magistrate’s Court, where Magistrate Jocelyn R. Kimetto found the accused guilty of defilement arising from an incident reported to have occurred on May 18, 2022.
The prosecution was led by Principal Prosecution Counsel Carolyn Kiptum.
Court Hears Details of the Case
The accused, identified as Ng’iendo in the prosecution account, had been charged with defilement under Sections 8(1) and 8(3) of the Sexual Offences Act, No. 3 of 2006. An alternative charge of committing an indecent act with a child under Section 11(1) of the same Act was also presented.
He denied both charges, prompting the prosecution to call three witnesses to establish its case beyond reasonable doubt.
Among those who testified was a clinical officer whose examination findings, medical history and clinical assessment were reported to be consistent with the alleged offence.
Child Disclosed Incident to Her Aunt
The court heard that the girl had returned home from school around midday on the day of the incident because she was feeling unwell.
She was staying at her aunt’s home with the aunt’s husband, the accused, and their three children.
According to the prosecution account, the accused allegedly carried the child from the living room to a bedroom and sexually assaulted her. The court was also told that the incident was not the first time the accused had allegedly abused the child and that threats had been made to prevent her from disclosing what happened.
The girl later reported the incident to her aunt, who took her to hospital for examination and reported the matter to police.
Court Rejects Accused’s Defence
During the proceedings, the accused claimed that his wife had framed him.
However, Magistrate Kimetto rejected his explanation after considering the evidence presented before the court.
“The explanation by the accused defeats logic and casts no doubt on the prosecution’s case,” the magistrate said in remarks on the defence.
The court subsequently found him guilty of the main charge of defilement under Sections 8(1) and 8(3) of the Sexual Offences Act.
Convict Given 14 Days to Appeal
Following the conviction, the court sentenced the 36-year-old man to 20 years in prison.
The convict was granted 14 days within which to appeal the decision.
The sentence follows a prosecution led by the Office of the Director of Public Prosecutions, which presented witness testimony and medical evidence in support of the case.
