Man jailed 20 years for defiling, killing 17 year-old niece

A Garissa court has sentenced a man to 20 years in prison for defiling and killing his 17-year-old niece in a case that shocked residents of Fafi subcounty.

Justice John Onyiego said the prosecution had proved the case beyond reasonable doubt through witness testimony, medical evidence and corroborating accounts presented during the trial.

The court heard that the offence was committed on November 16, 2025, at Borehole 5 in Fafi subcounty, Garissa county.

According to evidence presented before the Office of the Director of Public Prosecutions, the accused defiled the teenager before strangling her to death inside their home during the night.

A key witness in the case was the deceased’s 13-year-old sister, who gave chilling testimony describing the events leading to her sibling’s death.

The minor told the court that on the night of the incident, she and the deceased were asleep on separate mattresses when she saw the accused approach the victim and begin fondling her breasts.

She testified that the deceased resisted the advances, prompting the accused to take a scarf and strangle her while pushing her against the wall.

The witness further stated that she watched helplessly as the accused overpowered her sister during the attack.

Onyiego said child witness appeared truthful and had no reason to fabricate evidence against her uncle.

Medical evidence produced in court confirmed that the deceased died from hypoxia caused by strangulation, findings that prosecutors said supported the witness account.

The prosecution also told the court that after the killing, the accused allegedly orchestrated a failed attempt to secretly bury the victim in order to conceal the crime.

Three people who had initially been arrested in connection with the murder were later turned into prosecution witnesses after investigators established that they had been misled by the accused.

The court heard that the accused alleged that the teenager had succumbed to dengue fever and requested their assistance in washing and shrouding the body in preparation for an Islamic burial.

However, suspicions surrounding the circumstances of the girl’s death later led to investigations that uncovered the alleged defilement and killing.

The accused had denied the charges when he was arraigned before the Garissa High Court and pleaded not guilty to the offence.

Assistant Director of Public Prosecutions Linda Nyauncho prosecuted the matter.

Under Kenya’s Sexual Offences Act of 2006, defilement is classified as a serious offence involving sexual penetration with a child under the age of 18.

The law does not recognise a child’s ability to consent to sexual activity, making the offence one of strict liability.

Murder, on the other hand, remains punishable under the Penal Code. Although the death penalty still exists in law, the Supreme Court ruled in 2017 that mandatory death sentences are unconstitutional, giving judges discretion to impose penalties based on the circumstances of each case.