The Office of the Director of Public Prosecutions (ODPP) has approved defilement charges against a clinician based in Yala, Siaya County, over the alleged sexual abuse of a 14-year-old girl, and has made clear that sexual offences will not be settled outside the criminal justice system.

In a statement on Thursday, 29 October, the ODPP said it had reviewed an inquiry file submitted by the National Police Service through Yala Police Station and directed that the suspect be charged.

The charge

The clinician will face a count of defilement under Section 8(1) as read with Section 8(3) of the Sexual Offences Act, 2006. Section 8(3) covers victims aged between 12 and 15 years and carries a minimum sentence of 20 years in prison on conviction.

According to the police file cited by the Eastleigh Voice, the suspect and the girl had met earlier this year and interacted on several occasions afterwards. The ODPP did not give further details of the alleged offence, name the health facility where the suspect works, or say when he will be taken to court.

The suspect has not yet answered the charge in court and is presumed innocent until proven guilty.

Earlier advice to close the file

The decision follows an earlier letter from within the prosecution service that took a very different view. The Eastleigh Voice reports that on 23 September 2026, an Assistant Director of Public Prosecutions wrote to the officer commanding Yala Police Station after reviewing the same file.

The letter reportedly recommended that the matter be diverted, that the girl be referred to a children's officer for guidance and counselling on her age, education and wellbeing, and that the file be closed with no further action, on the grounds that the relationship had gone on for some time.

The ODPP's latest directive overrides that advice.

'Sexual offences shall not be diverted'

In its statement, the ODPP said that under the law and its own policy guidelines, sexual offences "shall not be diverted and must be handled in accordance with the applicable legal framework."

Diversion allows some minor cases to be dealt with outside court, for example through counselling, apology or compensation. Child-rights groups have long warned against its use in defilement cases, arguing that informal settlements, often negotiated between families, leave children exposed to further abuse.

The office said it remains committed to the rule of law, accountability and the protection of vulnerable people, and to carrying out its mandate independently and impartially.

Why it matters

Defilement remains one of the most commonly reported sexual offences in Kenya, and cases involving people in positions of trust, such as teachers, religious leaders and health workers, regularly draw public anger. The Yala case is likely to renew questions about how such files are handled at the early stages of investigation and review.

Photos: The Star/ODPP (ODPP offices); Eastleigh Voice (court gavel). Thumbnail design: HAMASTA MEDIA.