Man sentenced to life in Busia for defiling four-year-old girl

A Busia court has sentenced a man to life imprisonment after finding him guilty of defiling a four-year-old girl whom he lured into a sugarcane plantation with an offer of white ants before sexually assaulting her.

The accused was convicted of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act following a trial in which the prosecution presented five witnesses and medical evidence linking him to the offence.

In a judgment delivered on October 29, 2026, Magistrate J.D. Ochieng ruled that the prosecution had proved its case beyond reasonable doubt, establishing the child's age, evidence of penetration and the accused's identity as the perpetrator.

The court heard that the offence occurred between October 14 and 21, 2022, when the man allegedly used an offer of white ants to lure the young girl into a nearby sugarcane plantation, where he sexually assaulted her.

During the trial, the child told the court that she recognised the accused, who was her neighbour, as the person who had assaulted her.

Her mother testified that she discovered something was wrong on October 21, 2022, while bathing the girl after noticing redness, discharge and complaints of pain around her genital area.

Concerned by the child's condition, she took her to hospital for medical attention before reporting the matter to the police.

The child's grandmother also gave evidence, telling the court that she had noticed swelling several days earlier after the girl complained of pain.

Medical evidence presented by a clinical officer further supported the prosecution's case, with examination findings showing bruising, swelling, redness and watery discharge in the child's genital area.

The medical examination, conducted on October 21, 2022, established that the child's hymen was intact. However, the court found that the injuries were consistent with partial penetration.

In addressing the medical findings, Magistrate Ochieng observed that complete penetration is not a requirement for an offence of defilement to be established under the law.

The magistrate further noted that an intact hymen does not, by itself, rule out defilement, particularly where other evidence points to partial penetration.

The accused denied committing the offence, arguing that the allegations had been fabricated by the child's family because of an existing land dispute between the two families.

However, the court rejected his explanation, finding that it failed to account for the medical findings presented by the prosecution or the child's identification of him as the person responsible.

The magistrate held that the child's testimony was credible and sufficiently supported by the medical evidence and accounts given by other prosecution witnesses.

Five witnesses testified during the proceedings, with Prosecution Counsel Eric Mose and Lilian Nyaboke leading the case against the accused.

The prosecution successfully established the three key elements of the offence, including the child's age, penetration and positive identification of the perpetrator.

The findings led to the man's conviction and subsequent sentence of life imprisonment.