The accused had been sentenced by a magistrate’s court to serve life in prison, but the sentence was lowered to 20 years by the High Court after he appealed.
High Court judge Justus Bwonwong’a said though the conviction at the magistrate’s court was lawful, it was too harsh.
The accused was charged with defiling the 10-year-old girl on November 4, 2009.
The incident occurred in Matala village, Kakamega East District.
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The man was also convicted on an alternative charge of committing an indecent acts with a minor.
Unbroken chain
The trial court heard that the accused passed by the victim’s school and asked her to go to his house once she was done with her classes.
The girl did as instructed. When she went to her uncle’s (accused) house, he locked the door with a padlock from outside.
He then entered through the backdoor and locked the windows before undressing and defiling the child.
Justice Bwonwong’a allowed the same evidence that had been tabled at the lower court, which he said formed an unbroken chain that explained what had transpired. He also said medical documents corroborated the oral evidence.
