A middle-aged man has been handed a life sentence after being convicted of defiling a two-year-old child in Kisumu.
The convict, Donard Shimiyu Ondieka, is said to have committed the offence in February 2024 at Nyalenda B Sub-location within Kisumu Central when he was a neighbour of the victim.
The accused appeared before Kisumu Principal Magistrate Fatuma Rashid, who found him guilty of the offence and issued the sentence.
“DPP has secured the conviction and life sentence against a middle-aged man found guilty of defiling a two-year-old child in Kisumu contrary to Section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006,” stated the Director of Public Prosecution.
In her ruling, Magistrate Fatuma underscored the gravity of the offence and outlined that she relied on the three essential legal thresholds required for a conviction in defilement cases, including the proof of penetration, confirmation that the victim is a minor, and positive identification of the perpetrator before making her determination.
She noted that the prosecution had proved the case beyond a reasonable doubt and satisfied all three elements beyond a reasonable doubt.
“This court is convinced that the evidence presented, including the medical report and the witness accounts, supports the prosecution’s case. The victim’s age and vulnerability, coupled with the trust breached, aggravate the offence,” Magistrate Rashid stated while handing down the life sentence.
DPP says the prosecution had presented evidence, including detailed testimonies from four prosecution witnesses, among them a medical officer who examined the child and presented clinical findings to support the occurrence of defilement.
