Kwale: 24-year-old farmer handed life sentence for defiling niece

According to the Office of the Director of Public Prosecutions (ODPP), the convict was accused of defiling his 5-year-old niece on August 22, 2024, at Mirizani Village, Mwaluphamba location, Shimba Hills sub-county, Kwale County.

The prosecution, led by Assistant DPP Collins Orwa, lined up six witnesses to prove that the accused committed the crime. 

According to court records, the accused instructed the minor, referred to as M.A. for legal reasons, to enter her grandmother’s house to fetch a shirt. The accused is said to have followed her inside and ordered the child to remove her clothes.

The minor testified that the convict threatened her when she hesitated to undress and warned her not to report her ordeal to anyone.

The victim was later discovered by her grandmother and other relatives who took her to a local hospital where she was admitted to undergo specialized treatment. A medical doctor who produced the treatment notes testified that the minor was admitted with injuries consistent with sexual assault.

After reviewing court evidence, Resident Magistrate Ruth Ogolla ruled that the prosecution provided a watertight case against the accused. 

“I hereby sentence you to life imprisonment for the offence of incest. This crime against a vulnerable child is a serious breach of trust that courts must denounce and deter. You have a right of appeal within 14 days,” ruled Ogolla.

The court also dismissed the accused’s defense as disjointed, noting that he was well known to the minor and that it was highly unlikely she could fabricate the allegations at such a young age.