- The prosecution presented six witnesses to prove the charges against the accused, who had denied the allegations.
- Medical evidence presented in court showed that the minor had sustained an injury to her right eye and blunt trauma to her lower abdomen.
A Kisumu man has been sentenced to life imprisonment after being convicted of defiling and physically assaulting his 10-year-old daughter.
Maseno Magistrate’s Court, presided over by Magistrate Lele
Lucas Ikapolon, found the man guilty of defilement contrary to Section 8(1), as
read with Section 8(2) of the Sexual Offences Act, and cruelty to a child
contrary to Section 152(1)(a) of the Children Act, 2022.
According to the Office of the Director of Public Prosecutions
(ODPP), the offences were committed on diverse dates between January 2026 and
May 18, 2026, in Kisumu Sub-County, Kisumu County.
The prosecution, led by counsel Victor Kipng’etich, presented
six witnesses to prove the charges against the accused, who had denied the
allegations.
Medical evidence presented in court showed that the minor had
sustained an injury to her right eye and blunt trauma to her lower abdomen.
The clinical officer who testified said the injuries were
consistent with the alleged physical assault and grievous harm.
The court heard that on May 18, 2026, the accused returned
home while drunk and approached his daughter’s bedroom while naked.
He allegedly threatened her to keep silent before defiling and
beating her, then burning her clothes.
Following the incident, the girl fled home and sought refuge
at a neighbour’s house.
She later disclosed the ordeal to her teachers upon returning
to school the following day, prompting the headteacher to alert a children’s
officer and the police. The minor was subsequently taken to hospital for
medical examination and treatment.
In its ruling, the court held that the prosecution had proved
both charges beyond reasonable doubt, noting that the accused’s denial did not
raise reasonable doubt when weighed against 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,” the magistrate ruled.
The court subsequently convicted the man on both counts and
sentenced him to life imprisonment.
The convict has 14 days to appeal the decision.