Life sentence confirmed for Migori man who sexually assaulted minor

A man convicted of sexually assaulting a 10-year-old boy in a forest in Migori County has lost his final appeal and will serve a life sentence.

The Court of Appeal in Kisumu upheld his conviction and sentence.

Sammy Odhiambo Odindo was originally convicted in 2014 by the Rongo Principal Magistrate’s Court for defilement, an offence under Section 8(1) read together with Section 8(2) of the Sexual Offences Act.

He was sentenced to life imprisonment, a decision later confirmed by the High Court in Homa Bay, leading him to file a final appeal at the Court of Appeal.

Court documents reveal that the brutal crime occurred on August 24, 2012, in Migori County.

The victim, identified only as TAO to protect his identity, was just 10 years old when he was lured into the forest with the false promise of seeing a rabbit.

The court also heard from TAO’s younger brother, PO, who was just five years old at the time of the incident.

Although too young to fully express the trauma, he confirmed the sequence of events as he remembered them.

He recalled seeing the accused smoking a cigarette in the bush before asking TAO to lower his shorts and bend over.

"I knew him as Sammy," PO told the court.

Though he witnessed the incident, he remained silent and did not speak about it immediately.

Due to his age and vulnerability, PO was not cross-examined—a procedural oversight later acknowledged by both the High Court and the Court of Appeal.

However, it was ultimately ruled that this did not compromise the integrity of the case.

According to the medical report presented in court, TAO had blood stains and an injury to his anal area, consistent with forced penetration.

The same report noted that the accused, Odindo, had bruises on his genitalia—findings aligned with signs of resistance or forceful contact.

Medical tests also revealed that while the child was HIV-negative, the accused tested positive for the virus, a detail that deepened the gravity of the case.

The investigating officer, Eliud Kipleting, testified that the case was reported by TAO’s father.

Following investigations, Kipleting arrested Odindo and presented him before the children, who positively identified him.

In his defence, Odindo denied the allegations.

Through an unsworn statement, he claimed he had been cutting grass at the children’s grandmother’s home. He added that the boys might have run away because he appeared unkempt and was carrying a panga.

Odindo said he was arrested while having lunch and denied any involvement in the incident.

The trial magistrate found Odindo guilty and sentenced him to life imprisonment under Section 8(2) of the Sexual Offences Act.

Challenging the verdict, Odindo appealed to the High Court, arguing that the evidence was insufficient and that he had not received a fair trial.

However, Justice David Majanja dismissed the appeal, affirming that the trial had been properly conducted, the prosecution had proved its case beyond reasonable doubt, and the accused had been clearly identified.

The court also addressed concerns over the lack of cross-examination for PO, noting that while it was a procedural oversight, it did not prejudice the case given the weight of the other evidence, including medical findings and witness testimonies.

Undeterred, Odindo escalated the matter to the Court of Appeal.

There, Justices Asike-Makhandia, H.A. Omondi, and Luka Kimaru unanimously upheld both the conviction and the life sentence.

The appellate judges found no merit in the grounds raised by Odindo, including allegations of an unfair trial and violations of his constitutional rights.

"The appeal lacks merit and is dismissed," the judges ruled.