According to a statement issued by the Office of the Director of Public Prosecutions (ODPP), the man admitted in open court that he had defiled his daughter, which resulted in the minor’s pregnancy.
The ODPP noted that the accused persisted with his guilty plea despite being repeatedly cautioned by the court about the seriousness and consequences of the charges.
“A 55-year-old man was today convicted and sentenced to serve a 20-year jail term after pleading guilty to the offence of defilement contrary to the law,” part of the statement read.
The prosecution, the statement said, informed the court that the man was also a suspect in an unrelated murder case involving the killing of the survivor’s grandfather.
“The man 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,” the agency stated.
During the plea-taking, the court ordered a mental assessment to confirm his fitness to stand trial, given the gravity of both the defilement and the ongoing murder investigation.
The evaluation confirmed that he was mentally fit to plead.
The prosecution then outlined the facts of the case, including the timeline of the offences and the circumstances under which they were discovered. Exhibits were produced in court to support the charge.
The ODPP stated that the accused confirmed the accuracy of the facts as read out by the prosecution.
“In his mitigation, he requested the court and the prosecutor to consider that he had not wasted court time,” the statement added.
After reviewing the plea, the evidence, and the mitigation, the court proceeded to convict him on his own admission and sentenced him to 20 years' imprisonment.
Defilement is regarded as one of the most serious sexual offences under Kenyan law.
The Sexual Offences Act, 2006, outlines strict and mandatory minimum penalties intended to deter sexual offences against minors.
Under Section 8 of the Sexual Offences Act, 2006, the penalties for defilement are determined by the age of the child involved.
The law prescribes a mandatory life sentence for the defilement of a child aged 11 years or younger.
For cases involving a child aged 12 to 15 years, the Act sets a mandatory minimum sentence of 20 years imprisonment.
Where the survivor is aged 16 to 18 years, the offender faces a mandatory minimum penalty of 15 years imprisonment.
These strict sentences reflect the law’s intent to offer maximum protection to minors and to deter sexual offences against children.
The law also provides for additional penalties where aggravating circumstances exist, including repeated abuse, threats, violence, or abuse within a family or guardianship context.
The Act emphasises child protection, imposes strict standards on courts handling such cases, and recognises the lasting impact of sexual offences on minors.
