A 79-year-old man has been sentenced to 10 years in prison after a court in Mukurwe-ini, Nyeri County, found him guilty of committing an indecent act against a 14-year-old autistic child.
John Mwangi Thuku was sentenced at the Mukurwe-ini Law Courts after Magistrate Agade Savai Eddah convicted him on an alternative charge of committing an indecent act with a child under Section 11(1) of the Sexual Offences Act.
The case dates back to May 1, 2025, when the child wandered away from her home, prompting her mother to begin searching for her.
The mother eventually found the child at Thuku’s compound, where she witnessed him engaging in inappropriate sexual conduct involving the child.
She immediately raised an alarm, drawing the attention of neighbours who responded to the scene.
Thuku had initially been charged with attempted defilement under Section 9(1), as read with Section 9(2) of the Sexual Offences Act. He also faced the alternative charge of committing an indecent act with a child.
During the trial, the prosecution called seven witnesses who gave evidence concerning the incident and statements made by Thuku afterwards.
The prosecution was led by Principal Prosecution Counsel Elizabeth Waruguru and Prosecution Counsel Sarah Kitui.
After considering the evidence, the court found that the prosecution had provided enough corroborating evidence to establish Thuku’s identification and conduct beyond reasonable doubt.
The court also took into account the condition of the child, who was autistic and unable to speak, write or draw.
Because of her condition, the child was unable to give evidence in court. However, Magistrate Agade ruled that her inability to testify did not prevent the prosecution from proving the case through the other evidence presented.
The court consequently convicted Thuku on the alternative charge under Section 179 of the Criminal Procedure Code and Section 11 of the Sexual Offences Act.
The 10-year prison sentence followed the prosecution’s evidence linking Thuku to the incident after the child was found at his compound.
The case was heard at the Mukurwe-ini Law Courts, where the prosecution relied on the testimony of seven witnesses and other evidence surrounding the events of May 1, 2025.