By Dorothy Musyoka
In a landmark judgment, the Tamu Law Courts Resident Magistrate has sentenced Dan Otieno Kaye, alias Otia, a 45-year-old man, to 30 years in prison for sexually assaulting a 14-year-old girl.
“Tamu Law Courts Resident Magistrate has sentenced a 45-year-old man to 30 years in prison for sexually assaulting a 14-year-old girl,” noted the ODPP.
According to the ODPP, the accused, Dan Otieno Kaye, alias Otia, committed the offence on multiple dates between November 3, 2023, and February 2, 2024, at Koru Township in Muhoroni Sub-County, Kisumu County, Kenya.
The judgment was reached after reviewing testimonies from four prosecution witnesses, which provided irrefutable evidence of Kaye’s intentional and unlawful actions.
Resident Magistrate Hon. Maureen N. Olonyi highlighted three crucial factors in her decision: the victim’s age, evidence of penetration as defined by Section 2(1) of the Sexual Offences Act, and the positive identification of Kaye as the perpetrator.
The prosecution, led by counsel Tabitha Shimoli, presented compelling evidence, including the minor’s testimony, which established Kaye’s guilt beyond a reasonable doubt.
Prosecution counsel Tabitha Shimoli presented compelling evidence from four witnesses, including the minor, which established the accused’s guilt beyond a reasonable doubt.
In her sentencing, Magistrate Olonyi noted that the accused exploited the minor’s vulnerability, deceiving her into believing he intended to marry her.
In delivering the sentence, Magistrate Olonyi emphasized that,“ Kaye had exploited the minor’s vulnerability, misleading her into believing that he intended to marry her,” stated the ODPP.
This sentence underscores the court’s commitment to protecting minors and delivering justice to victims of sexual offences in the country.