A 55-year-old man has been handed a 20-year prison sentence after pleading guilty to defiling his daughter, in a case heard before Senior Resident Magistrate Elizabeth Karani in Kitui. According to a statement by the Office of the Director of Public Prosecutions (ODPP), the accused openly admitted in court to defiling his daughter, an act that resulted in the minor’s pregnancy.
Persistent Guilty Plea Despite Court Warnings
The ODPP noted that the man maintained his guilty plea even after the court repeatedly cautioned him about the seriousness and consequences of the charges.
Suspect Linked to Separate Murder Case
The prosecution further informed the court that the man was also a suspect in an unrelated murder case involving the killing of the survivor’s grandfather. In a statement the ODPP stated that the accused person similarly committed an offence of murder, where he is alleged to have killed the grandfather of the survivor victim. He was on the run until he was apprehended and presented in court.
Mental Assessment Ordered and Confirmed
Due to the gravity of both the defilement case and the ongoing murder investigation, the court ordered a mental assessment to confirm the man’s fitness to stand trial. The evaluation confirmed that he was mentally fit to plead. The prosecution then outlined the sequence of events, circumstances under which the offences were discovered, and produced exhibits supporting the charge. The ODPP noted that the accused confirmed the accuracy of all facts presented before the court.
Mitigation and Sentencing
During mitigation, the man asked the court and the prosecutor to consider that he had not wasted court time by pleading guilty. After reviewing the plea, evidence, and mitigation, the court convicted him on his own admission and sentenced him to 20 years in prison.
Strict Penalties Under Kenya’s Sexual Offences Act
Defilement is considered one of the most serious sexual offences under Kenyan law.
Under Section 8 of the Sexual Offences Act, 2006, penalties for defilement are determined by the age of the child involved:
- Defilement of a child aged 11 years or younger: Mandatory life imprisonment
- Child aged 12 to 15 years: Mandatory minimum 20 years imprisonment
- Child aged 16 to 18 years: Mandatory minimum 15 years imprisonment
Conclusion
These stringent sentences reflect Kenya’s commitment to protecting minors and deterring sexual offences. The law also prescribes additional penalties in cases involving aggravating factors such as repeated abuse, threats, violence, or offences committed by a family member or guardian.
