DPP challenges 30-year jail term, seeks life sentence for Eldoret incest convict

The Office of the Director of Public Prosecutions (ODPP) has moved to have a 30-year prison sentence imposed on a man convicted of sexually abusing a 10-year-old relative reviewed and enhanced to life imprisonment.

The prosecution argues that the sentence handed down by the trial court in Eldoret did not reflect the seriousness of the offence, particularly given the victim's age, the family relationship and the long-term consequences of the abuse.

Appearing before the High Court in Eldoret on Wednesday, State Counsel Sidi Kirenge told Judge Antony Ndung'u that the trial magistrate placed excessive weight on the convict's health condition during sentencing while failing to give sufficient consideration to the circumstances of the crime.

Kirenge argued that the victim was a minor who had been abused by a close relative who was expected to protect her.

The prosecution further maintained that the consequences of the offence were particularly severe, with a major impact on the child's health and future that should have been treated as an aggravating factor.

The State wants the High Court to examine the proceedings and the sentencing decision of the lower court, arguing that a life sentence would be more appropriate.

Kirenge cited Section 20 of the Sexual Offences Act, which provides for life imprisonment for a man convicted of incest involving a female relative below the age of 18. The prosecution maintains that the victim's tender age and the trust associated with the family relationship should have attracted the harshest possible punishment. It has also questioned the decision to impose a fixed prison term instead of the maximum penalty provided by law.

The man was initially charged with incest before the then Eldoret Chief Magistrate Dennis Mikoyan on October 29, 2025, and denied the allegations.

During the trial, the prosecution presented six witnesses before closing its case on February 23, 2026. The accused was placed on his defence on March 2 and gave his testimony on April 2.

He was convicted on April 27 and later sentenced to 30 years in prison.

The High Court is expected to deliver its ruling on the application next month.