Donard Shimiyu Ondieka, a middle-aged man, has been handed a life sentence after being convicted of defiling a two-year-old child in Kisumu. The offence occurred in February 2024 at Nyalenda B Sub-location in Kisumu Central, where the convict was a neighbour to the victim.
The Director of Public Prosecutions (DPP) successfully secured the conviction, with the man found guilty under Section 8(1) and Section 8(2) of the Sexual Offences Act No. 3 of 2006. Magistrate Fatuma, in her ruling, emphasized the seriousness of the crime, noting that all necessary legal elements for a defilement conviction had been met—proof of penetration, confirmation of the victim’s minor status, and positive identification of the perpetrator.
The court heard that the prosecution had presented compelling evidence, including testimony from four witnesses, and a medical report confirming the occurrence of the defilement. The victim’s age and vulnerability were also highlighted as aggravating factors in the case.
“This court is convinced that the evidence supports the prosecution’s case beyond a reasonable doubt,” Magistrate Rashid stated while delivering the life sentence. “The breach of trust and the victim’s innocence make this crime particularly heinous.”
The conviction underscores the ongoing efforts of the DPP to secure justice in cases of sexual offences against minors.
