KAJIADO, Kenya — The Office of the Director of Public Prosecutions (ODPP) has announced it will appeal a sentence handed down by the Kajiado Law Courts in a sexual assault case involving an eight-year-old girl.
The ODPP stated that the punishment handed down to the offender does not adequately reflect the gravity of the offence or the need to protect children.
In a statement issued on Tuesday, the ODPP said he was satisfied with the conviction of the accused, who was found guilty of committing sexual assault against the minor in 2022, but expressed dissatisfaction with the ten-year prison sentence imposed by the trial court.
According to court findings, the accused lured the child 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,” the ODPP said, noting that the circumstances of the case demanded a sentence that fully captured the seriousness of the crime.
Prosecutors, led by Kisumba Kathungu, called five witnesses whose testimony the court found to be credible, consistent, and sufficient to secure a conviction.
The ODPP said the quality of the evidence demonstrated the strength of the case and justified a harsher penalty under the law.
However, the prosecution faulted the sentence, arguing that it fell short of meeting the core objectives of punishment as set out in Kenya’s legal framework.
These objectives include retribution, deterrence, rehabilitation of offenders, and, critically, the protection of children from sexual violence.
“The sentence imposed 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 ODPP said.
Under the Sexual Offences Act, courts are empowered to impose stiff custodial sentences for sexual crimes against minors, reflecting the constitutional imperative to safeguard children’s rights and dignity.
Article 53 of the Constitution guarantees every child the right to be protected from abuse, neglect, harmful cultural practices, and all forms of violence, inhuman treatment, and punishment.
The ODPP said its decision to appeal is grounded in its constitutional mandate under Article 157 of the Constitution, which empowers the Director of Public Prosecutions to institute, undertake, and discontinue criminal proceedings, as well as to challenge court decisions where necessary in the public interest.
The appeal will specifically target the sentence, not the conviction, with the prosecution seeking a stiffer penalty that better reflects the harm caused to the victim and sends a stronger deterrent message to would-be offenders.
The case comes amid growing concern over sexual violence against children in Kenya, with rights groups and justice sector actors repeatedly calling for tougher sentences and more consistent enforcement of existing laws.
Recent Judicial decisions have increasingly emphasised the need for child-sensitive justice and proportional punishment in cases involving minors.
In his statement, the ODPP reaffirmed its commitment to protecting children and pursuing justice for victims of sexual violence, saying it would continue to use all legal avenues available to ensure accountability.
“The Office of the Director of Public Prosecutions remains steadfast in its duty to safeguard the rights of children and to ensure that perpetrators of sexual offences are punished in a manner that reflects the seriousness of their crimes,” the statement said.
The appeal is expected to be filed in the High Court, where judges will be asked to review the sentence and determine whether it should be enhanced in line with the law and prevailing sentencing principles.
