Hola Resident Magistrate Benson Kabanga on Monday, October 28, 2024, sentenced a man to life imprisonment for the offence of defilement.
Office of Director of Public Prosecutions (ODPP) in a statement issued on Tuesday, October 29, 2024, said that the man who hails from Tana River county had been found guilty of defiling his 9-year-old mentally challenged step-daughter.
According to the ODPP, the minor was lured into sexual activities by the convict when her mother was away.
“A stepfather in Tana River County has been jailed for life for defiling his 9-year-old mentally challenged step-daughter. Hola Resident Magistrate Benson Kabanga heard that the minor was lured into sexual activities by the convict when her mother was away,” the ODPP stated.
The ODPP says the accused had been convicted on September 30, 2024, and he was consequently sentenced to life imprisonment after the prosecution proved the case beyond reasonable doubt.
6 witnesses
The prosecution led by Michuki Alfred lined up six witnesses to testify against the accused person.
The witnesses’ account established a case against the accused person, leading to his conviction.
Among the witnesses was the victim’s mother, who testified that she returned home and found the victim crying.
Upon examination, the victim’s mother told the court that she noted her clothes had blood stains and this was corroborated by medical evidence.
The ODPP further stated that the victim was defiled by the accused on September 14, 2022, after the victim’s sister stumbled on them in the act when she returned from school.
Defilement cases
Cases of defilement have been rising in the recent past, with several culprits getting jailed.
In July 2024, the Nakuru High Court upheld the conviction of a man found guilty of defiling a 9-year-old girl in the Nakuru North sub-county.
The appellant had been originally sentenced to life imprisonment for the July 18, 2018, offence, a penalty deemed unconstitutional.
“The appellant was charged with defiling a 9-year-old girl on July 18th, 2018, in Rigogo area, Nakuru North sub-county, contrary to Section 8 (1) of the Sexual Offences Act, with an alternative count of committing an indecent act with the minor,” Office of The Director Of Public Prosecutions (ODPP) said in a statement on July 3, 2024.
In her ruling, Lady Justice Patricia Gichohi imposed a 30-year jail term, citing the appalling nature of the crime and the imperative for a deterrent sentence.
The judge’s decision came after careful consideration of the evidence presented during the trial, which she deemed overwhelmingly against the appellant.
