By Michelle Ndaga |
A Lamu court has convicted and sentenced a 22-year-old donkey rider to 15 years in prison for defiling his 17-year-old cousin after luring him into a madrassa in Faza Island with a promise of money.
Resident Magistrate Flavian Mulama found the man, whose name has been withheld for legal reasons, guilty of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act.
The court heard that on the night of April 19, 2025, at around 10 p.m., the accused met the boy, who was returning home from tuition, and asked him to engage in anal sex in exchange for money. He then led the teenager to a nearby madrassa, opened the door, and took him to the third floor, where he defiled him.
The victim testified that he felt pain during the act, after which the accused told him to dress up and go home. When he arrived home about an hour later, his mother became suspicious after noticing paint on his hair and hands. The boy initially declined to reveal what had happened until a relative, who is also a police officer, questioned him privately. He then narrated the ordeal, and the matter was reported to the police.
A medical officer who examined the victim confirmed that he had suffered an anal tear and complained of rectal pain. The doctor filled a P3 form indicating that the injuries were consistent with penetration and were about three to four days old.
The court noted that the accused did not challenge the medical findings or the victim’s testimony during cross-examination. He only claimed that he had been at home watching television on the night of the incident and that the complainant’s mother had a grudge against him.
The court ruled that the prosecution, through counsel Ahmed Omar Mohamed, had proved all the key ingredients of the offence: age, penetration, and identification beyond reasonable doubt.
Magistrate Mulama noted that the victim’s age was confirmed through a birth certificate showing he was born on July 2, 2008, and that he positively identified the accused, who is his cousin and neighbour.
“The accused was positively identified by the victim. There was sufficient lighting at the scene and they were well known to each other,” ruled the magistrate.
The court concluded that the charge of defilement had been proven and sentenced the accused to 15 years in prison.
