20-year incest appeal leaves man convicted to life sentence

A man who had appealed a 20-year jail term sentence after he was found guilty of incest has been resentenced to life imprisonment. [Istock Photos]

A man who had appealed a 20-year jail term sentence after he was found guilty of incest has been resentenced to life imprisonment.

This is after the Director of Public Prosecution made an application to the High Court to enhance his sentence.

Josphat Kipkoech Kirui had been convicted of sexually abusing his three-year-old daughter contrary to Section 20(1) of the Sexual Offences Act by the Bomet Magistrate’s Court and sentenced to 20 years’ imprisonment.

The court heard that between September 27, 2022, and January 27, 2023, in Chepngaina Village, Bomet County, Kirui repeatedly sexually abused his daughter.

During the trial, the prosecution presented seven witnesses who testified in support of the case.

Evidence before the court established that the abuse caused the child who is currently under medical treatment to develop a fistula, necessitating corrective surgery.

Dissatisfied with both the  conviction and sentence, Kirui appealed to the High Court where the DPP filed a notice seeking enhancement of the sentence, arguing that the 20-year prison term was unlawful and inadequate.

In a judgment delivered by Justice Julius Ng’arng’ar, the High Court upheld the conviction.

The judge also allowed the prosecution’s application for sentence enhancement, finding that the original sentence was inadequate and unlawful in view of the gravity of the offence, the victim’s tender age and the severe physical harm suffered.

Consequently, the court enhanced the sentence from 20 years’ imprisonment to life imprisonment.