A 70-year-old man will spend the next 20 years behind bars after a Loitoktok court found him guilty of defiling a 13-year-old girl, with the trial court ruling that the prosecution presented credible witness testimony and medical evidence that proved the offence beyond reasonable doubt.
The judgment, delivered by Principal Magistrate Gachuki Nelson Njuguna at the Loitoktok Law Courts, convicted the man of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
The court went on to impose the mandatory custodial sentence despite the convict pleading for leniency because of his age and previous good character.
According to the Office of the Director of Public Prosecutions (ODPP), the offence took place on January 11, 2026, after the 13-year-old girl went to a nearby market to buy water.
Principal Prosecution Counsel Thomas Mwaura told the court that the accused allegedly lured the child into his house before defiling her.
During the hearing, the court was told that the girl's father rushed to the house after receiving information from a neighbour.
According to the prosecution, "the victim's father, acting on a tip from a vigilant neighbour, arrived in time to find the accused in the act leading to his immediate arrest."
In the judgment delivered on August 4, 2026, the court found that the prosecution had successfully established all the ingredients required to prove the offence of defilement.
The court held that "the prosecution had proven all the essential elements of defilement under Section 8(1) as read with Section 8(3) of the Sexual Offences Act which is the victim's age, the act of penetration and positive identification of the perpetrator through credible witness testimony and corroborating medical evidence."
The court further ruled that the evidence presented during the trial was consistent and sufficient to prove the charge beyond reasonable doubt.
Although the convict pleaded for a lighter sentence during mitigation, citing his advanced age and previous good character, the court declined to reduce the punishment.
According to the ODPP, "despite a mitigation plea citing the accused's age and previous good character, the court upheld the mandatory minimum sentence prescribed by law, emphasizing the judiciary's duty to protect children and deliver justice for survivors of sexual violence."
The court consequently sentenced the man to serve the statutory minimum prison term of 20 years.
The conviction is among cases prosecuted by the ODPP under the Sexual Offences Act, which provides stiff penalties for offences committed against children.
The law offers enhanced protection to minors, with punishment depending on the age of the victim and the nature of the offence.
The Loitoktok court's decision also reinforces the position that where the prosecution proves a case beyond reasonable doubt, offences against children will attract the penalties provided for under the law regardless of the offender's age or personal circumstances.