DPP seeks life sentence for man who defiled niece, 10, infected her with HIV
State Counsel Sidi Kirenge faulted the trial court for showing undue leniency by basing the sentence largely on the convict's health-related mitigation, arguing that the gravity of the offence warranted the maximum penalty.
The Office of the Director of Public Prosecutions has asked the High Court in Eldoret to enhance a 30-year prison sentence to life imprisonment for a man convicted of defiling his 10-year-old niece.
On Wednesday, State Counsel Sidi Kirenge faulted the trial court for showing undue leniency by basing the sentence largely on the convict’s health-related mitigation, arguing that the gravity of the offence warranted the maximum penalty.
“We contend that the learned magistrate failed to consider the tender age of the victim, code-named M.C., and her relationship with the perpetrator, which was one that ought to have been built on trust,” Ms Kirenge told Justice Antony Ndungu.
The prosecution wants the High Court to review the trial record and enhance the sentence, arguing that the trial court did not adequately consider the severe trauma and lifelong consequences of the offence, including the fact that the convict infected the minor with HIV.
“The lower court should have considered the severe trauma and the lifelong impact of the offence on the victim by imposing a life sentence,” Ms Kirenge said.
The court heard that the accused was arraigned before then Eldoret Chief Magistrate Dennis Mikoyan on October 29, 2025, and charged with incest. He initially pleaded not guilty.
The prosecution called six witnesses before closing its case on February 23, 2026. The accused was placed on his defence on March 2, testified on April 2 and was convicted on April 27 under Section 215 of the Criminal Procedure Code.
Challenging the 30-year sentence, Ms Kirenge cited Section 20 of the Sexual Offences Act, which provides for life imprisonment for any male person convicted of committing an incestuous act with a female relative below the age of 18, irrespective of consent.
Justice Ndungu is expected to deliver his ruling on the application next month.
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