A Kilifi court has sentenced a 26-year-old casual labourer to life imprisonment after finding him guilty of defiling his five-year-old cousin in a case that the court described as horrific and deeply disturbing.
Charles Obulutsa. the Chief Magistrate on Tuesday ruled that the prosecution had proved the offence beyond reasonable doubt, convicting the accused under Section 8(1) as read with Section 8(2) of the Sexual Offences Act. The Act prescribes a life sentence for defilement of a child aged eleven years and below.
In his judgement, Magistrate Obulutsa noted that the prosecution, led by Counsel Ridhwan Mohamed, presented compelling evidence through testimonies given by five witnesses, together with medical exhibits that clearly established the accused’s culpability.
The accused, according to the court’s findings, knowingly subjected the minor to sexual abuse, being fully aware that the child was incapable of giving consent due to his tender age.
The court further found out that the accused exploited his close blood relationship with the minor, preying on the child’s innocence and trust to commit the offence.
Evidence presented to the court revealed that the victim was lured to a nearby farm, where he was molested on several occasions.
A relative gave a testimony that upon learning of the incident, she rushed the child to Kilifi County Hospital, where she found him in severe pain and struggling to walk. Medical examination carried out confirmed injuries consistent with sexual assault, with treatment notes produced in court as exhibits.
The complainant told the court that he later reported the incident to his grandmother, who had been left to look after him after his mother travelled to Qatar for work. This prompted the family to seek medical attention faster and report the matter to authorities.
In his own defence, the accused denied the charges, claiming that he had been falsely implicated. The court however dismissed his defence, ruling that it failed to dislodge the prosecution’s evidence.
The offence was committed on November 7, 2024, at Kitengwani area in Kilifi County. The accused was additionally charged with an alternative count of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act.
