A Kakamega man has been sentenced to life imprisonment after being convicted of defiling a six-year-old girl. The man, who turned 22 by the time of sentencing, was 17 when the offence occurred. He was initially charged with defilement under Section 8(1) as read with Section 8(2) of the Sexual Offences Act, as well as alternative charges of committing an indecent act with a child and assault causing actual bodily harm.
The prosecution called six witnesses whose evidence established that the girl had been sexually assaulted and sustained injuries. An age assessment report was presented, which conclusively established the victim's age and was supported by medical evidence and testimony from other prosecution witnesses. The report, along with the evidence, demonstrated penetration and positively identified the accused as the perpetrator, despite his denial.
The court convicted the accused of both defilement and assault causing actual bodily harm after finding that the prosecution had proved the offences beyond reasonable doubt. During sentencing, the court considered his mitigation that he was 17 when the offences were committed. However, the court held that Section 8(7) of the Sexual Offences Act did not apply because the accused had attained adulthood by the time he was sentenced.
The court consequently treated him as an adult for sentencing and applied Section 8(2) of the Sexual Offences Act, which prescribes life imprisonment for a person convicted of defilement involving a child aged 11 years or below. The court sentenced the man to life imprisonment for defilement and an additional four-year prison term for assault causing actual bodily harm, with the sentences to run concurrently.
The sentence took effect from June 17, 2026. The case involved a legal question over sentencing where an accused person was a minor when an offence was committed but had become an adult by the time proceedings concluded. The Office of the Director of Public Prosecutions noted that Kenyan courts have previously considered similar questions involving offenders who were children at the time of an offence but reached adulthood before sentencing.
In a similar case, Kiti v Republic, the Court of Appeal examined the legal position of an offender who was a minor when an offence was committed but had become an adult by the time the case was concluded. The court considered the offender's age at the time of the offence in determining the applicable child justice protections, while also addressing the circumstances arising when an accused reaches adulthood before sentencing.
The trial court concluded that the accused was liable to be sentenced as an adult and that the statutory penalty under Section 8(2) applied. The Director of Public Prosecutions stated that the prosecution presented sufficient evidence to secure the conviction, and the court’s decision underscores the seriousness with which such offences are treated under Kenyan law.
Key points
- The accused was sentenced to life imprisonment for defiling a six-year-old girl.
- The court applied Section 8(2) of the Sexual Offences Act, prescribing life imprisonment for defilement involving a child aged 11 years or below.
- The case raised a legal question over sentencing an accused person who was a minor when the offence was committed but had become an adult by the time of sentencing.
