DPP to appeal 10-year sentence in Kajiado child sexual assault case

DPP to appeal 10-year sentence in Kajiado child sexual assault case
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In Summary

The court found that the perpetrator lured the minor from her home under false pretences, isolated her, threatened her, and subjected her to sexual abuse. The offence, which targeted a vulnerable child, involved intimidation and exploitation.

The Director of Public Prosecutions (DPP) has announced plans to appeal a 10-year prison sentence handed down by the Kajiado Law Courts in a sexual assault case involving an 8-year-old girl, citing concerns that the punishment is too lenient.

In a judgment delivered by Kinyatta, the accused was convicted of sexually assaulting the child in 2022.

The court found that the perpetrator lured the minor from her home under false pretences, isolated her, threatened her, and subjected her to sexual abuse. The offence, which targeted a vulnerable child, involved intimidation and exploitation.

While the DPP welcomed the conviction, noting that it was “secured through credible and consistent evidence,” concerns were raised about the sentence.

“The sentence imposed does not adequately reflect the seriousness of the offence nor sufficiently meet the objectives of punishment, deterrence, and protection of children as provided for under the law,” the DPP said in a statement.

The prosecution, led by Kisumba Kathungu, called five witnesses whose testimonies helped prove the case beyond a reasonable doubt, ultimately leading to the accused’s conviction.

Pursuant to its constitutional mandate under Article 157 of the Constitution, the DPP confirmed that the office will be appealing the sentence to seek a harsher punishment that better reflects the gravity of the crime.

The Office of the Director of Public Prosecutions (ODPP) reiterated its commitment to the protection of children and the pursuit of justice for victims of sexual violence.

“We remain committed to ensuring that victims of sexual crimes, especially vulnerable children, receive justice and that perpetrators are held accountable in accordance with the law,” the DPP stated in a statement.

This move underscores the ODPP’s dedication to upholding child protection laws and ensuring that sentences for serious offences against minors serve as both punishment and a deterrent, safeguarding communities across the country.

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