The Office of the Director of Public Prosecutions (ODPP) has moved to have a 30-year prison sentence imposed on Cleophas Kipsang, a man convicted of incest involving his 10-year-old niece, increased to life imprisonment.
The prosecution argues that the sentence handed down by the lower court did not adequately reflect the seriousness of the offence, citing the victim’s age, her relationship with the offender and the lasting consequences of the sexual assault.
Appearing before Eldoret High Court Judge Antony Ndung’u, prosecutor Sidi Kirenge told the court that the punishment imposed on Kipsang was too lenient given the circumstances of the case.
Kirenge informed the court that Kipsang infected the young girl with HIV during the assault, arguing that the physical and psychological consequences suffered by the child should have carried greater weight during sentencing.
The prosecutor further challenged the lower court’s decision to place considerable emphasis on the convict’s health condition when determining the punishment, maintaining that his medical circumstances should not outweigh the gravity of the offence and the harm caused to the victim.
Kipsang was sentenced to 30 years in prison after being convicted of incest on April 27, 2026. The case arose from sexual abuse committed against his niece in September 2023 at Chemoru village in Turbo Sub-County, Uasin Gishu County.
According to the original court proceedings reported in May, the abuse occurred on three separate occasions before the matter was reported to the authorities. Medical evidence from Moi Teaching and Referral Hospital (MTRH), alongside witness testimony, formed part of the prosecution’s case against him.
The child’s HIV status was discovered after she underwent testing at Turbo Sub-County Hospital. Her parents also underwent testing and were found to be HIV-negative, prompting further inquiries into how the child had contracted the virus.
The ODPP is now seeking a review of the lower court’s records and an enhancement of the sentence under Section 20 of the Sexual Offences Act, which addresses incest involving female relatives, including nieces.
The provision makes an offender liable to life imprisonment where the victim is below 18 years, provided her age is alleged in the charge and proved in court. However, the law leaves the sentencing court with discretion rather than making life imprisonment automatic.
The prosecution maintains that the victim’s age and the consequences of the offence warrant a longer sentence than the one originally imposed.
Judge Ndung’u is expected to give directions on the application next month as the High Court considers the ODPP’s request to review the punishment. Until the court makes a determination, the 30-year sentence remains in force.
