Court of Appeal Upholds Life Sentence for Man Who Defiled 8-Year-Old Stepdaughter

The Court of Appeal in Kisumu upholds a life sentence for a man who defiled his child, who was eight years old on January 31 2020, in Mbita Sub County in Homa Bay County.

During the judgement, which was delivered by Justice Asike, Mwita and Ongaya. They ruled that the minimum and mandatory sentences under the Sexual Offences Act are not unconstitutional.

Therefore, the trial courts have no discretion to impose any other sentences other than the statutory sentences in the Sexual Offences Act unless Parliament amends the law or the Supreme Court of Kenya pronounces itself otherwise.

The accused is the stepfather of the victim, with whom he was well known and they also lived in the same house.

Day of The Crime

The complainant was left alone with the appellant, who was a stepfather, when her biological mother went to a funeral.

The appellant took advantage of the situation, dragged the complainant into a store within the house, and defiled her.

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The person who appealed had appealed for the second time on grounds that the High Court made a mistake in upholding his conviction despite his being denied legal representation.

Consequently, the actual age and penetration of the complainant had not been established by the court.

The Appeal

The appellant also appealed on the grounds that the evidence produced in court was full of contradictions and inconsistencies.

Additionally, vital and crucial witnesses were not summoned to testify, failing to believe the defence, which was truthful.

They also failed to consider that the legal provision for a mandatory life sentence under section 8(2) of the Sexual Offences Act denies the judicial officer legitimate jurisdiction to exercise discretion in sentencing.

Sentence Upheld

The court eventually ruled that the complainant was eight years old at the time of the incident and they relied on her birth certificate to prove it.

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The complainant’s mother was also a witness who gave a testimony and the court was satisfied that the age of the victim was properly proved.

The court ruled that Section 8(2) of the Sexual Offences Act prescribes life imprisonment for the defilement of a child aged 11 years or below, found no merit in the appeal, and dismissed it entirely.

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