The Office of the Director of Public Prosecutions (ODPP) has announced plans to appeal a ten-year prison sentence imposed to a man found guilty of sexually assaulting an eight-year-old minor in Kajiado County, citing concerns that the conviction does not fully reflect the gravity of the offence.
In a statement released on Tuesday, January 6, the DPP said that it had taken into consideration the sentence issued by the Kajiado Law Courts after the conviction of the accused for a sexual assault committed in 2022.
Hon. Kinyatta, who delivered the judgement found the man guilty and sentenced him to a ten-year jail imprisonment.
“The Director of Public Prosecutions (DPP) has noted the sentence imposed by the Kajiado Law Courts in a sexual assault case involving an 8–year-old girl. In a judgement delivered by Hon. Kinyatta, the accused was convicted of the offence of sexual assault committed in 2022 and sentenced to ten (10) years’ imprisonment”, the statement read.
According to the findings presented in court, the offense involved deliberate planning, intimidation and exploitation of the victim’s vulnerability.
The court found that the accused lured the minor from her home under false pretences, isolated her threatened her and then went ahead to subject her to sexual abuse.
“The court found that the accused lured minor from her home under false pretences, isolated her, threatened her, and subjected her to sexual abuse. The offence was committed against a vulnerable child and involved intimidation and exploitation”, stated the DPP.
While the DPP expressed satisfaction with the conviction itself, it raised serious reservations about the sentence imposed. The DPP also expressed dissatisfaction with the sentence imposed.
According to the DPP, the sentence does not adequately reflect the seriousness of the offence nor sufficiently meet the objectives of punishment, deterrence, and protection of children as provided for under the law.
The prosecution was led by Mr. Kisumba Kathungu, who called five witnesses. The testimonies given by the witnesses were consistent and credible, proving the case beyond a reasonable doubt, leading to the conviction of the accused.
Citing its constitutional mandate, the ODPP confirmed it would formally challenge the sentence through the appellate process.
This move comes at a time of renewed focus on child protection and accountability for sexual offences. The ODPP reaffirmed its commitment to the protection of children and the pursuit of justice for victims of sexual violence.
“The Office of the Director of Public Prosecutions (ODPP) reaffirms its commitment to the protection of children and the pursuit of justice for victims of sexual violence”, the statement concluded.
