The Director of Public Prosecutions (DPP) has secured a 20-year prison sentence against a 21-year-old man convicted of repeatedly defiling a 14-year-old girl in Likoni Sub-County, Mombasa County.
David Odhiambo, the Senior Resident Magistrate, delivered the judgement at the Mombasa Law Courts, sentencing Al Haji Majaliwa, after finding him guilty of defilement under the Sexual Offences Act.
The court ruled that the prosecution had proved its case beyond reasonable doubt through credible and consistent evidence presented to the court by four witnesses.
According to the magistrate, the prosecution successfully established the three critical elements of the offence, which includes, penetration, the victim’s age, and the identity of the perpetrator. The case was prosecuted by Principal Prosecution Counsel Barbara Sombo.
In his ruling, Hon. Odhiambo noted that Al Haji failed to weaken the prosecution’s case when he was placed on his defence according to section 211 of the Criminal Procedure Code, citing that the evidence against him was of truth.
Majaliwa had been charged under section 8(1) as read with section 8(3) of the Sexual Offences Act. The court records indicated that between January 1st and March 2nd 2024, he knowingly engaged in sexual acts with the minor at the Mwananguvuze area in Likoni.
The victim, during the trial told the court that she left her parents’ home after an argument and moved in with the accused, whom she described as her boyfriend. She stated that they lived together for a couple of days and engaged in sexual activities during that period.
Upon presenting the medical evidence in court, it was clear that the girl was had been defiled. A clinical officer from Likoni Sub-County Hospital testified that medical examination revealed a broken hymen and injuries consistent with sexual penetration.
The minor was also treated for sexually transmitted infections and a urinary tract infection. Major exhibits included medical treatment notes, a post-rape care form, and a P3 legal report.
An investigating officer further informed the court that the accused had been living with the minor as husband and wife before the arrest.
Authorities have urged parents, guardians and all members of the public at large to report suspected cases immediately and offer support to the victims by making sure they get both medical and legal help.
