Man handed life sentence for defiling a six-year-old girl in Kakamega

The man was convicted of defilement and assault causing bodily harm, following a successful prosecution by the Office of the Director of Public Prosecutions (ODPP). The man, who is 22 years old now, is accused of committing the offence when he was 17 years. 

Prosecution Counsel Stella Adeny led the prosecution case and presented evidence that proved the charges beyond reasonable doubt.

An age assessment report confirmed the victim’s age and was supported by medical evidence and testimony from other prosecution witnesses. 

The evidence also confirmed that the victim had been penetrated and positively identified the accused as the offender despite his denial.

The court considered Section 8(7) of the Sexual Offences Act, which provides that child offenders should be sentenced under the Borstal Institutions Act and the Children’s Act.

However, citing judicial precedent, the court held that the provision did not apply in the situation because the accused had attained adulthood by the time of sentencing.

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

The accused was therefore sentenced to life imprisonment for defilement and an additional four-year term for assault causing actual bodily harm, with the sentences running concurrently from June 17, 2026.