A man convicted of repeatedly sexually abusing his three-year-old daughter in Bomet County has been sentenced to life imprisonment after the High Court enhanced his original 20-year jail term.
Josphat Kipkoech Kirui was handed the life sentence following an application by the Office of the Director of Public Prosecutions (ODPP), which challenged the initial punishment imposed by the Bomet Magistrate's Court.
Kirui had initially been convicted of incest contrary to Section 20(1) of the Sexual Offences Act and sentenced to 20 years in prison.
The prosecution established that he repeatedly sexually abused his daughter between September 27, 2022, and January 27, 2023, at Chepngaina Village in Bomet County.
During the trial, the prosecution, led by counsel Judith Koech, presented seven witnesses who testified about the circumstances surrounding the offence.
Evidence presented before the court revealed that the abuse had severe physical consequences for the young girl, who developed a fistula and was forced to undergo corrective surgery.
Following his conviction and sentencing, Kirui moved to the High Court to challenge both the conviction and the 20-year prison term, seeking to have the decision overturned.
However, the Director of Public Prosecutions opposed the appeal and filed a notice seeking an enhancement of the sentence, arguing that the punishment imposed by the lower court was both unlawful and insufficient considering the seriousness of the offence.
The prosecution maintained that the original sentence did not adequately reflect the gravity of the crime, particularly given the victim's tender age and the lasting physical harm she suffered.
In a judgment delivered by Justice Julius Ng'arng'ar, the High Court upheld Kirui's conviction, finding no grounds to overturn the decision of the magistrate's court.
The judge also agreed with the prosecution's application to review the sentence, ruling that the initial 20-year imprisonment term was inadequate and unlawful in light of the circumstances of the case.
Consequently, the court increased Kirui's punishment from 20 years' imprisonment to life imprisonment.
The ruling marks a significant outcome in the prosecution's efforts to secure tougher punishment for sexual offences involving children, particularly cases where victims suffer severe physical and psychological harm.
The Office of the Director of Public Prosecutions has continued to pursue cases involving sexual violence against minors, with the latest decision underscoring the courts' role in determining appropriate punishment based on the seriousness of offences and the harm caused to victims.
The child continues to receive medical treatment following the injuries sustained.
