A Kisumu man has been sentenced to life imprisonment after being convicted of defiling and physically assaulting his 10-year-old daughter in a case prosecuted by the Office of the Director of Public Prosecutions (ODPP).
The convict was found guilty by Maseno Senior Principal Magistrate Lele Lucas Ikapolon of defilement contrary to Section 8(1), as read with Section 8(2) of the Sexual Offences Act, No. 3 of 2006, and cruelty to a child contrary to Section 152(1)(a) of the Children Act, 2022.
The prosecution, led by counsel Victor Kipng’etich, told the court that the offences occurred on diverse dates between January 2026 and May 18, 2026, in Kisumu Sub-County, Kisumu County.
The accused denied the charges, prompting the prosecution to present evidence to prove the allegations beyond reasonable doubt.
Six witnesses testified in support of the prosecution's case, including a clinical officer whose medical findings were presented in court. The medical evidence was consistent with the allegations of defilement and physical assault.
The court heard that the minor had sustained an injury to her right eye and blunt trauma to the lower abdominal region, injuries the clinical officer said were consistent with the alleged assault.
According to evidence presented in court, the incident on May 18, 2026, occurred after the convict returned home while intoxicated. He allegedly approached the child's bedroom while naked, threatened her against disclosing what was happening, and proceeded to defile and assault her before burning her clothes.
Following the incident, the girl fled their home and sought refuge at a neighbour's house.
She later disclosed the ordeal to her teachers when she returned to school the following day. The school's headteacher alerted the children's officer and police, who facilitated her transfer to hospital for medical examination and treatment.
In its determination, the court ruled that the prosecution had established the charges beyond reasonable doubt, dismissing the accused's denial in light of the evidence presented.
“The prosecution proved the principal charge of defilement and the separate charge of cruelty to a child beyond reasonable doubt. The accused's denial does not raise a reasonable doubt in light of the totality of the evidence,” ruled Magistrate Ikapolon.
The court subsequently convicted the man on both counts and sentenced him to life imprisonment.
The convict has 14 days to exercise his right of appeal against the conviction and sentence.
