A Kilifi court on Tuesday sentenced a 26-year-old casual labourer to life imprisonment for defiling his five-year-old cousin.
The magistrate found that prosecutors proved its case to the legal standard, citing medical evidence and witness testimony that showed the child suffered injuries consistent with sexual assaults.
Chief Magistrate Charles Obulutsa handed down the sentence after finding the accused guilty of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
The court ruled that the prosecution, led by Prosecution Counsel Ridhwan Mohamed, had “proved its case to the legal standard” through the testimonies of five witnesses and exhibits presented in court.
In his judgment, the magistrate observed that the accused sexually abused the child whilst knowing he could not legally consent to the act at such a tender age.
He further noted that the accused exploited their blood ties to the minor, preying on his innocence to perpetrate him, an element the court considered particularly aggravating.
The court heard that the child suffered visible physical distress following the abuse. It was told that the minor appeared to be in pain and had difficulty walking when he was taken to hospital for treatment.
A relative testified that upon being informed of the incident, she rushed to Kilifi County Hospital and found the child in excruciating pain.
According to the complainant’s testimony, the accused lured him to a nearby farm where he molested him several times.
The child later reported the incident to his grandmother, prompting the family to take him to hospital for medical attention.
At the time of the offence, the court heard, the grandmother had been left in charge of the child after the boy’s mother travelled to Qatar for work.
The magistrate noted the circumstances under which the offence occurred, including the trust placed in family members to care for young children.
Medical evidence formed a central pillar of the prosecution’s case. A medical officer who examined the child testified that the minor sustained injuries consistent with sexual assaults and produced treatment notes as an exhibit before the court.
The magistrate later said he relied heavily on these medical findings in reaching his decision.
In his sworn defence, the accused denied the allegations, stating that he had been falsely implicated.
However, the court found that his defence did not displace the prosecution’s evidence. In analysing the case, the magistrate said the prosecution had proved all the key elements of the offence, including the age of the complainant, commission of the act, and identification of the perpetrator beyond a reasonable doubt.
The accused was consequently found guilty and convicted of defilement before being sentenced to life imprisonment, the maximum penalty provided under the law for defilement involving a child of such a young age.
The court also noted that the accused had been charged with an alternative count of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
The offences were committed on November 7, 2024 at the Kitengwani area within Kilifi County.
In delivering the sentence, the court reaffirmed the seriousness with which sexual offences against children are treated under Kenyan law, particularly where the offender abuses a position of trust within the family.
The judgment brings the criminal process to a close in a case that revealed the profound harm caused to a child who, the court found, was deliberately targeted because of his age and vulnerability.
