A court in Kisumu has sentenced a 37-year-old man to life imprisonment for defiling his nine-month-old stepdaughter in Seme Sub-County.
Principal Magistrate Jocelyn Kimetto of Kombewa Magistrate’s Court convicted the man of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
The prosecution, led by Principal Prosecution Counsel Caroline Kiptum, told the court that the man committed the offence on July 19, 2025, at about 8.30pm in Seme Sub-County, Kisumu County.
The convict, who is the stepfather of the child, had denied the charge.
He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
The prosecution called four witnesses, including a clinician who examined the infant after the incident.
The court heard that the child had suffered a fracture to the thigh bone and sustained visible lacerations.
The medical findings were presented as evidence supporting the prosecution’s case that the child had been defiled.
The prosecution further established that the offence occurred after the child’s mother left the house to seek medication from her mother-in-law after experiencing pain in her left hand.
The court found that the prosecution had proved the case against the accused beyond reasonable doubt.
“Upon considering the entire prosecution and defence evidence, I make a finding that the prosecution has discharged their burden of proof against accused on the main charge and meets the required standard of beyond reasonable doubt,” Magistrate Kimetto said.
The court sentenced the convict to life imprisonment.
The man has 14 days within which to appeal.
Elsewhere, the prosecution secured a life sentence against a 19-year-old schoolboy after a Lamu court found him guilty of defiling a nine-year-old boy at a primary school.
Principal Magistrate Peter Wasike convicted Ali Hussein Kutu of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act, following a full trial in which the prosecution called five witnesses.
Prosecution, led by Principal Prosecution Counsel Derrick Wawire, proved that on 3rd October 2025, at “A” Primary School in Langoni Location, Lamu Central Sub-County, Kutu intentionally and unlawfully sodomised the child.
In urging the court to impose a deterrent sentence, Wawire highlighted the lasting psychological impact of the offence on the minor.
The court relied on the child’s testimony and medical evidence, which showed injuries in the anal region and a loose anal sphincter. The magistrate found that prosecution had proved the three core ingredients of the offence namely the victim, the act and the perpetrator, beyond reasonable doubt.
The court rejected Kutu’s defence that he had been framed, finding no apparent reason for the child to falsely implicate him.
“The court believes the minor PW2 entirely. The accused defence is a mere denial and is safely disregarded,” Wasike said.
The court also considered the victim impact statement and pre-sentence report, which indicated that the child suffered trauma and nightmares following the incident and was subsequently transferred to another school for his safety.
Although Kutu was a first-time and youthful offender with a positive school record, the court held that his circumstances could not alter the sentence prescribed by law for defilement of a child aged 11 years or below.
Kutu, who had been in custody since October 15, 2025, was granted 14 days to appeal.
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