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Boy convicted of incest to remain in jail after appeal fails

EE had applied for non-custodial sentence after serving nine of the 20 years jail term; court declined

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by The Star

News09 February 2024 - 11:58
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In Summary


  • Details of the case said the man was caught in the act and it was not the first time.
  • Court papers show that the incest happened on November 26, 2011 in Loima, Turkana County
Court gavel

The hope for freedom of a teenage boy who committed incest with a 12-year-old niece was dashed after a court rejected his appeal against a jail term of 20 years.

The convict had sought to be freed for the remainder of his jail term under a supervisory arrangement that would entail community service till the full time elapses. But he was not lucky.

In a judgement delivered on February 2, 2024, the High Court said that the non-custodial sentence sought by the young man can only be considered “where a person is convicted for an offence punishable with imprisonment for a term not exceeding three years, or where the sentence not served does not exceed three years imprisonment.”

In the case of EE, the judge said, he was convicted and sentenced to 20 years imprisonment on appeal on November 11, 2015 and has therefore served nine years of his sentence, with a remainder of 11 years.

“He therefore does not qualify for consideration of a non-custodial sentence under the Community Service Orders Act,” the judge said in dismissing EE’s campaign for freedom.

Details of the case said the man was caught in the act and it was not the first time. The prosecution proved penetration.

The boy, named in court papers as EE, has already been in jail for nine years since his conviction in 2015. He was initially sentenced to life imprisonment but the term was substituted with 20 years.

EE was convicted of engaging in a sexual contact with AY, a 12-year-old girl he knew to be his niece.

Court papers show that the incest happened on November 26, 2011, in Loima, Turkana county.

On October 19, 2019, EE filed an application at the High Court to be given a non-custodial sentence, having served almost half of the sentence.

“In supporting the application, he stated that he had served a third of his sentence and that he was a reformed and rehabilitated citizen. He prayed that he may be considered for a non-custodial sentence,” the papers said.

According to the Sexual Offences Act, a male person who commits an indecent act or an act which causes penetration with a female person who is to his knowledge his daughter, granddaughter, sister, mother, niece, aunt or grandmother,is guilty of an offence termed incest and is liable to imprisonment for a term of not less than 10 years.

The harsh sentence given to the man was due to his mitigation and the aggravating factors surrounding the offence.


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