65-year-old handed life sentence for defiling minor in Tana River
File image of a judge's gavel. PHOTO|COURTESY
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According to the Office of the Director of Public Prosecutions (ODPP), the convict had been charged with one count of defilement contrary to Section 8(1), as read with Section 8(2), of the Sexual Offences Act, No. 3 of 2006. He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the same Act.
The prosecution team, led by Alfred Michuki and Kevin Lusweti, presented six witnesses, including the victim, her mother and grandmother, a Sub-County Children's Officer, a clinical officer and the investigating officer.
They also presented documentary evidence, including a P3 form, treatment notes and the victim's birth certificate to support their case.
Upon reviewing the evidence, Senior Principal Magistrate Hon. Edward Too ruled that the prosecution had proved its case beyond reasonable doubt, dismissing the accused person's alibi defence as unconvincing.
The Magistrate also noted that defilement involving a child aged 11 years or below attracts a life sentence under Section 8(2) of the Sexual Offences Act and added that the ruling would deter potential offenders.
Magistrate Too, however, informed the convict of his right to appeal the ruling within 14 days.

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