A man has been sentenced to life imprisonment after being convicted of defiling a four-year-old girl in Busia County.
The conviction was secured by the Office of the Director of Public Prosecutions (ODPP) following a case in which the prosecution relied on the child’s testimony, medical evidence and accounts from other witnesses.
In a judgment delivered on October 29, 2026, Busia Magistrate’s Court, presided over by Hon. J.D. Ochieng, found the accused guilty of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act, 2006.
The court heard that the offence occurred on diverse dates between October 14 and 21, 2022, in a village in Busia County.
According to the prosecution, the accused lured the child into a sugarcane plantation using an offer of white ants before sexually assaulting her.
The child’s mother told the court that she noticed redness, discharge and pain in the girl’s genital area while bathing her on October 21, 2022. She subsequently took the child to hospital and reported the matter to the police.
The grandmother also testified that she had earlier noticed swelling after the child complained of pain.
The child, who testified in court, identified the accused as a neighbour and described how he had allegedly lured her into the plantation.
A clinical officer who examined the girl on October 21, 2022, presented medical records showing bruising, swelling, redness and watery discharge.
Although the examination established that the hymen was intact, the court found that the injuries were consistent with partial penetration.
The magistrate observed that complete penetration was not necessary to establish the offence of defilement and that an intact hymen did not, on its own, rule out the offence.
The accused had denied the allegations, with his defence and witnesses claiming that the case had been fabricated due to a land dispute between the two families.
However, the court dismissed the claims, finding that they did not account for the medical evidence or the child’s identification of the accused.
The prosecution presented five witnesses, with Prosecution Counsel Eric Mose and Lilian Nyaboke leading the case.
The court ultimately found that the prosecution had proved the charge beyond reasonable doubt before convicting and sentencing the accused to life imprisonment.
