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Corridors of Justice

Nyando man sentenced to 20 years in prison for defiling 13-year-old girl

The court was also told that the accused threatened to kill the girl with a knife if she screamed or disclosed what had happened to anyone

Standard read · 3 min read

A man has been sentenced to 20 years in prison after a Nyando court found him guilty of defiling a 13-year-old girl in Kisumu County.

The sentence was secured by the Office of the Director of Public Prosecutions (ODPP) following a prosecution that established the offence occurred at Kochieng in Kadibo Sub-County.

In a statement on Tuesday, the ODPP said Nyando Magistrate Joash Kirui Mitei convicted the accused under Section 8(1), as read with Section 8(3), of the Sexual Offences Act No. 3 of 2006.

The court heard that the offence occurred on diverse dates between December 2024 and May 3, 2025, when the accused unlawfully and intentionally defiled the minor.

According to the prosecution, the convict, who lived in the neighbourhood of the victim, forcefully led her to his house, where the assault took place.

The court was also told that the accused threatened to kill the girl with a knife if she screamed or disclosed what had happened to anyone.

“The Court heard that on diverse dates between December 2024 and 3rd May 2025, at Kochieng in Kadibo Sub-County, Kisumu County, the convict unlawfully and intentionally defiled a girl aged 13 years,” the ODPP said.

The accused had denied the charges, including an alternative count of committing an indecent act with a child, contrary to Section 11(1) of the Sexual Offences Act.

The prosecution proceeded to present its case, calling four witnesses to support the charges against the accused.

After considering the evidence, Magistrate Mitei ruled that the prosecution had proved the defilement charge beyond reasonable doubt.

The court subsequently convicted the accused under Section 8(1), read together with Section 8(3), of the Sexual Offences Act and sentenced him to 20 years' imprisonment.

The ODPP said the prosecution was led by Prosecution Counsel Rogers Morara and Repha Mokeira.

“The convict has fourteen (14) days within which to appeal the conviction and the sentence,” the prosecution agency said.

The 20-year sentence falls under Section 8(3) of the Sexual Offences Act, which provides for a minimum prison term of 20 years where the victim is aged between 12 and 15 years.

The Act establishes different penalties depending on the age of the victim, with harsher sentences provided for offences involving younger children.

The case highlights the criminal justice process through which prosecutors present evidence before courts to establish allegations of sexual offences against children.

Under the law, defilement involves the unlawful penetration of a child, while the offence of committing an indecent act with a child is separately provided for under Section 11(1).

The accused retains the right to challenge both the conviction and the sentence within the 14-day appeal period provided by the court.

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