A Malindi man has been sentenced to 30 years in prison for defiling a seven-year-old boy in Kilifi County, with the court finding that the prosecution had proved the offence through the child's testimony, medical findings and evidence confirming his age.
Malindi Resident Magistrate Eva Mirriam Adhiambo convicted Justin Karisa Thoya of defilement under Section 8(1), as read with Section 8(2) of the Sexual Offences Act, before handing down the sentence.
The Office of the Director of Public Prosecutions (ODPP), in a statement issued on Thursday, said the offence took place on June 14, 2025, in the Jacaranda area of Malindi Sub-county, where Thoya intentionally and unlawfully defiled the child.
The prosecution presented four witnesses during the trial, relying on their accounts, medical evidence and documents establishing the victim's age to prove the case beyond reasonable doubt.
In her judgment, Adhiambo said the evidence established the main elements required to secure a conviction, including the child's age, the identification of the accused and proof of penetration.
“I am satisfied that the prosecution has proved beyond reasonable doubt that the accused person defiled the complainant,” the magistrate ruled.
The case was prosecuted by counsel Ahmed Omar, who called four witnesses to support the charges against Thoya.
The boy's mother told the court that her son disclosed the incident to her, explaining that he had been defiled while at grazing grounds in the bushes.
After receiving the report, she took the child to hospital for medical attention. The boy was examined and found to be bleeding, prompting further medical assessment to establish the nature of the injuries.
During his testimony, the child told the court that he had gone out to graze when Thoya asked him to help search for another cow in the bushes.
According to the prosecution, the accused threatened the boy to stop him from revealing what had happened, including threats against his life.
Despite the threats, the child later found the courage to tell his mother about the incident, leading the family to seek medical assistance and report the matter.
A medical officer who examined the boy testified that he had been brought to hospital by his parents following complaints of defilement.
The examination revealed that the child's anus was swollen and painful. Based on the findings, the medical officer concluded that anal penetration had occurred.
The prosecution also presented the child's birth certificate through the investigating officer to establish his age. The document was important in proving the age-related element of the offence under the Sexual Offences Act.
After considering the evidence from the four witnesses, the court found that the prosecution had met the legal standard required for a conviction.
The ODPP also revealed that Thoya had jumped bail and remained at large for eight months before he was arrested again.
Detectives from the Directorate of Criminal Investigations (DCI) in Malindi, working alongside officers from Kizingo Police Station, tracked him to Hindi in Lamu County, where he was rearrested.
Following his return to custody, the court cancelled his bond, allowing the trial to proceed to its conclusion despite his earlier failure to comply with the bail terms.
The court subsequently sentenced Thoya to 30 years in prison after finding him guilty of the offence.
He was also granted 14 days to appeal against both the conviction and the sentence, giving him an opportunity to challenge the court's decision within the period provided.
The ODPP said the case was successfully prosecuted after witnesses and investigating officers presented evidence linking Thoya to the offence.
The judgment concludes the trial at the Magistrates' Court, although Thoya retains the right to challenge the finding of guilt and the punishment imposed within the 14-day period granted by the court.