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Corridors of Justice

ODPP secures life sentence for man who defiled six-year-old daughter

In reaching the conviction, the magistrate considered evidence presented by the prosecution, including the child’s testimony, which placed the accused at the scene of the crime. Four other prosecution witnesses also testified in support of the case

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ODPP secures life sentence for man who defiled six-year-old daughter

The Office of the Director of Public Prosecutions (ODPP) has secured a life imprisonment sentence against a man convicted of defiling his six-year-old daughter in Garissa County, following a trial in which the court relied on the child’s testimony, evidence from four prosecution witnesses and medical records.

The accused was convicted and sentenced by Garissa Law Courts Resident Magistrate R. Lemayan over the sexual offence committed against the minor, identified as P.M.

In a statement on Tuesday, the ODPP said the offence occurred on January 22, 2026, at around 11 pm in the Bulla Ijara area of Garissa Township.

The court heard that the accused intentionally defiled his daughter at the time and place stated in the case.

In reaching the conviction, the magistrate considered evidence presented by the prosecution, including the child’s testimony, which placed the accused at the scene of the crime. Four other prosecution witnesses also testified in support of the case.

The child identified the accused as her father, while medical evidence presented by a doctor, together with a P3 form and treatment notes, corroborated the account presented to the court.

The court also considered the complainant’s age, noting that she was below 11 years old. This informed the sentence imposed under Section 8(2) of the Sexual Offences Act, which provides for life imprisonment upon conviction for defilement of a child aged 11 years or below.

In explaining the gravity of the offence, the court highlighted the accused’s responsibility to protect the child because of their family relationship.

“The court has considered the offence and the relationship between the accused and the complainant. This is a father and daughter relationship, and as such, the accused was required to protect her, but instead he is the one who preyed on her,” the court said.

The accused was subsequently sentenced to life imprisonment. He has 14 days within which to appeal against the conviction and sentence.

The prosecution was led by P.C. Sharon Irungu.

The case falls under Kenya’s Sexual Offences Act, which establishes penalties for sexual offences, including defilement. Section 8 addresses defilement and sets different penalties according to the age of the child. Under Section 8(2), a person convicted of defiling a child aged 11 years or below is liable to imprisonment for life.

The law recognises the seriousness of sexual offences against children, who are particularly vulnerable to abuse and may depend on adults for their safety and care.

Where the accused is a parent or guardian, the relationship also places the child in a position of dependence and trust.

In this case, the court considered the child’s testimony alongside evidence from other prosecution witnesses and medical documentation before reaching its decision. The evidence was assessed as part of the trial process leading to the conviction.

The sentence reaffirms the severe legal consequences prescribed for defilement involving very young children. However, the accused retains the right to appeal within the period provided by the court.

The ODPP is responsible for instituting and undertaking criminal proceedings on behalf of the State, including prosecuting cases involving sexual offences against children. Such cases are handled through the criminal justice system, where evidence is presented before a court, and the accused is afforded the opportunity to answer the charges.

The life sentence brings the trial at Garissa Law Courts to a conclusion at the initial court level, subject to any appeal filed within the stipulated 14 days.

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