By Dorothy Musyoka
The Office of the Director of Public Prosecutions (ODPP) has secured a conviction and a life sentence for Donard Shimiyu Ondieka, who was found guilty of defiling a two-year-old child in Kisumu.
According to the ODPP, the offence, which occurred in February 2024 at Nyalenda B Sub-location, Kisumu Central, was committed by Ondieka, a neighbour and known acquaintance of the victim’s family.
“The convict, Donard Shimiyu Ondieka, a neighbour of the victim was found to have committed the offence in February 2024 at Nyalenda B Sub-location within Kisumu Central,” stated the ODPP.
Delivering judgment at the Kisumu Law Courts, Principal Magistrate Fatuma Rashid emphasized the serious nature of the crime and its lifelong impact on the child.
She ruled that the court was satisfied beyond a reasonable doubt that the three legal thresholds for defilement were met: proof of penetration, confirmation that the victim was a minor, and the positive identification of the perpetrator.
The prosecution, led by Linda Nzioka, presented compelling evidence, including the testimony of four prosecution witnesses.
Among them was a medical officer whose clinical examination of the child confirmed injuries consistent with defilement.
The court was also presented with a birth certificate to verify the child’s age and witness accounts that directly implicated the accused.
“This court is convinced that the evidence presented, including the medical report and the witness accounts, supports the prosecution’s case. The victim’s age and vulnerability, coupled with the trust breached, aggravate the offence,” Magistrate Rashid stated while handing down the life sentence.
This conviction marks a strong statement against child sexual abuse and reflects the ODPP’s continued commitment to protecting the most vulnerable members of society.