The court ruled that the prosecution had proved all the essential elements of the offence of defilement under the Sexual Offences Act.
A 70-year-old man has been sentenced to 20 years in prison after he was found guilty of defiling a 13-year-old girl in Kajiado county.
The offence occurred on January 11, 2026, after the convict allegedly lured the girl to his house when she had gone to buy water at a local market.
Loitoktok Principal Magistrate Gachuki Nelson Njuguna convicted the man after finding that the prosecution had proved the case beyond reasonable doubt.
Principal Prosecution Counsel Thomas Mwaura told the court that the girl's father, acting on information from a vigilant neighbour, arrived at the house and found the accused committing the offence.
The suspect was arrested at the scene.
In a judgment delivered on August 4, Magistrate Njuguna ruled that the prosecution had proved all the essential elements of the offence of defilement under the Sexual Offences Act.
The court found that the prosecution had established that the victim was a minor, proved penetration and positively identified the perpetrator through credible witness testimony supported by medical evidence.
The magistrate dismissed the convict's mitigation, in which he cited his previous good conduct and advanced age, and imposed the mandatory minimum sentence provided under the law.
Four students charged over alleged gang defilement
In a separate case, four high school boys have been charged with the alleged gang defilement of a 17-year-old girl in Homa Bay county.
The court heard that the minors allegedly committed the offence on July 30, 2026, in Rangwe subcounty.
Prosecutors told the court that the accused jointly and, in turns, intentionally and unlawfully defiled the girl.
The boys denied the charges when they appeared before Chief Magistrate Mary Immaculate Gwaro and were remanded at the Homa Bay Child Protection Unit pending trial.
The case will be mentioned on August 22, 2026, when the prosecution is expected to begin presenting its evidence.
Under the Sexual Offences Act, the offence of defilement attracts penalties ranging from a minimum of 15 years' imprisonment to life imprisonment, depending on the age of the child.
The law applies regardless of whether the child appeared to consent because anyone below the age of 18 is legally incapable of giving consent to sexual activity.
The provision is intended to protect children from exploitation, manipulation and harm.
