Man sentenced to 20 years over defilement of a 12-year-old girl./ HANDOUTA 36-year-old man has been sentenced to 20 years in prison for defiling a 12-year-old girl in Seme Sub-county, Kisumu County, in May 2022.
The conviction was secured by the Office of the Director of Public Prosecutions (ODPP) at Kombewa Law Courts, where the case was heard by Magistrate Jocelyn R. Kimetto.
The DPP said the prosecution presented three witnesses to establish the case against the accused.
“The prosecution, led by Principal Prosecution Counsel Ms. Carolyn Kiptum, had charged Ng’iendo with defilement under section 8(1) and (3) of the Sexual Offences Act no. 3 of 2006 with an alternative charge of committing an indecent act with a child under section 11(1) of the same Act,” the DPP said.
The court heard that the girl had returned home from school around midday on May 18, 2022, because she was feeling unwell and wanted to seek treatment.
She was staying at her aunt's home, where the convict also lived with his wife and their three children.
According to the prosecution's account, the girl was resting on a seat in the living room when the man carried her to a bedroom and sexually assaulted her.
The prosecution further told the court that the abuse had allegedly occurred on three previous occasions and that the man had threatened to kill the child if she disclosed what had happened.
The girl later told her aunt about the incident. Her aunt took her to hospital for examination and subsequently reported the matter to police.
A clinical officer testified during the trial, providing medical evidence that formed part of the prosecution's case.
“The witnesses testified before Hon. Kimetto, including a clinical officer whose physical examinations and clinical findings and history were consistent with the offence of defilement,” the DPP said.
The accused denied the charges, arguing that his wife had framed him.
“The explanation by the accused defeats logic and casts no doubt on the prosecution’s case,” Magistrate Kimetto said while addressing his defence.
The court ultimately found the man guilty of the main charge rather than the alternative charge.
“The accused was found guilty of the main charge of defilement under Sections 8(1) and (3) of the Sexual Offences Act no. 3 of 2006 and sentenced to 20 years in prison,” the DPP said.
Under Section 8(3) of the Sexual Offences Act, defilement involving a child aged between 12 and 15 years attracts a minimum prison sentence of 20 years.
In defilement cases, the prosecution must establish the elements of the offence, including the child's age, proof of penetration and the identity of the perpetrator.
The court granted the convict 14 days within which to appeal the conviction and sentence.
