A man in his mid-20s has been sentenced to life imprisonment after being convicted of defiling a five-year-old boy in Tezo, Kilifi County.
Kilifi Chief Magistrate Charles Obulutsa handed down the sentence after finding the accused guilty of defilement under Section 8(1), as read with Section 8(2) of the Sexual Offences Act.
The Office of the Director of Public Prosecutions (ODPP) prosecuted the case, with Prosecution Counsel Ridhwan Mohamed presenting evidence the court found sufficient to prove the offence beyond reasonable doubt.
In its account of the judgment, the ODPP said the offence occurred on September 13, 2025, when the convict sexually assaulted the child, identified in court as A.M., in the Tezo area.
The court heard that the five-year-old boy had been walking to a nearby shop with two other children when the accused remained behind with him.
When the other children returned and realised the boy was missing, one of them went looking for him at a house belonging to a man identified as Tsuma.
On opening the door, the child reportedly found the accused and the five-year-old inside the house, both unclothed, with the accused in the process of sexually assaulting the minor.
The child raised the alarm, prompting intervention and notification of the victim's family.
The boy's father subsequently took him to hospital and reported the incident to the police, leading to investigations and the suspect's eventual arrest.
During the trial, the prosecution presented testimony from child witnesses, family members, the investigating officer and a clinical officer who examined the victim.
Medical records, including the P3 form and Post Rape Care form, were also produced in court. The prosecution relied on the clinical findings as evidence supporting the allegation of sexual assault.
The investigating officer told the court that the victim led police officers to the suspect's residence, where the accused was identified and arrested.
The accused denied the allegations in his defence, claiming that neighbours had framed him after he returned home to bury his mother.
However, the magistrate rejected the explanation, finding that it did not displace the consistent evidence presented by the prosecution witnesses or adequately account for the circumstances established during the trial.
In his judgment, Magistrate Obulutsa ruled that the prosecution had established the three key elements of the offence: the victim's age, penetration and positive identification of the perpetrator.
“The prosecution has proved the main charge beyond reasonable doubt. The accused is found guilty and is convicted,” the magistrate ruled.
Subsequently, the court sentenced the convict to life imprisonment in accordance with Section 8(2) of the Sexual Offences Act, which prescribes life imprisonment for defilement involving a child aged 11 years and below.
The magistrate directed the convict to file any appeal against the conviction and sentence within 14 days.
The conviction followed a prosecution in which the court considered eyewitness testimony, medical evidence and the investigating officer's account before finding that the charge had been proved beyond reasonable doubt.