By Andrew Kariuki
A court in Kilifi has sentenced a 26 year old casual labourer to life imprisonment after finding him guilty of defiling his five year old cousin.
The sentence was handed down on Tuesday by Charles Obulutsa, who convicted the accused under Section 8(1) as read with Section 8(2) of the Sexual Offences Act, which prescribes life imprisonment for defilement involving children aged 11 years and below.
In his judgment, the magistrate found that the prosecution, led by Prosecution Counsel Ridhwan Mohamed, had proved its case beyond reasonable doubt through the testimony of five witnesses and supporting exhibits.
The court noted that the accused was fully aware that the child was incapable of giving consent due to his age and that he exploited their close family relationship to prey on the minor’s innocence.
Evidence presented before the court showed that the child was in visible pain and had difficulty walking when he was taken for medical treatment.
A relative testified that upon learning of the incident, she rushed the child to Kilifi County Hospital, where the minor was found to be in severe distress.
The complainant testified that the accused lured him to a nearby farm where the abuse occurred on multiple occasions.
He later reported the matter to his grandmother, who was caring for him at the time after his mother travelled to Qatar for work.
A medical officer who examined the child told the court that the injuries observed were consistent with sexual assault and produced treatment notes that were admitted as evidence.
In his sworn defence, the accused denied the charges and claimed he had been falsely implicated.
However, the court ruled that his defence did not rebut the prosecution’s evidence.
In analysing the case, the magistrate relied on the medical findings and witness testimonies, concluding that the prosecution had established all the essential elements of the offence; the age of the complainant, commission of the act and positive identification of the perpetrator.
The accused was found guilty, convicted of defilement and sentenced to life imprisonment.
The court noted that the accused had also faced an alternative charge of committing an indecent act with a child under Section 11(1) of the Sexual Offences Act.
The offence was committed on November 7, 2024, in the Kitengwani area of Kilifi County.
