A court in Kwale has sentenced a local man to 20 years in prison after finding him guilty of defiling a 12-year-old girl, in a ruling that strongly reaffirmed the justice system’s resolve to protect children from sexual abuse.
Jackson Waweru Mwai, also known as Kibaki, was convicted following a full trial in which the court found that the prosecution had proved its case beyond doubt. The sentence was delivered on Thursday by Resident Magistrate Ruth Ogolla, who stressed that crimes against children attract serious punishment under the law.
Mwai was found guilty of defilement under section 8(1) as read with section 8(3) of the Sexual Offences Act. He was also convicted on an alternative charge of committing an indecent act with a child, contrary to section 11(1) of the same law.
The court heard that the incident took place on March 8, 2025, at about 11:30 in the morning in Kinango Village, within Kinango location of Kinango Sub-County in the Coast region.
The prosecution, led by Assistant Director of Public Prosecutions Orwa Collins, presented evidence that the court described as clear, consistent and well supported. Witnesses and medical records placed Mwai at the centre of the crime and linked him directly to the defilement.
In her judgment, Ogolla noted the serious danger the child was exposed to during the incident, stating, “The prosecution demonstrated that the accused endangered the life of the minor during the incident.”
The court was told that the girl had been playing with other children when Mwai approached her. He allegedly grabbed her forcefully and covered her mouth with a piece of cloth believed to have been laced with poison before dragging her to his house.
During the attack, the child lost consciousness. When she later regained awareness, she found that the assault was still ongoing.
Her cries eventually drew the attention of a passer-by, who raised the alarm and alerted her family members. The victim’s sister told the court that she was the first to reach the scene after hearing the screams.
“Upon forcing my way into the house, I found the accused defiling my sister,” she testified.
She further told the court that Mwai tried to use the child as a shield in an attempt to hide his identity, but the effort failed.
The victim was rushed to a nearby hospital for treatment. A medical report produced in court confirmed that she had injuries that were in line with defilement.
The court also heard that members of the public attempted to apprehend Mwai after the incident, forcing him to flee. He was later arrested while trying to escape from an angry mob.
In his defence, Mwai denied committing the offence. He claimed that he had only been playing with the child and said nothing inappropriate had happened before her sister arrived.
He told the court that he had no intention of harming the minor and tried to describe the incident as harmless.
However, Ogolla rejected his explanation, describing it as unconvincing and not supported by the evidence on record. She observed that the accounts given by the victim, her sister and other witnesses were detailed and consistent.
The magistrate also noted that the witness testimonies were backed by medical findings, which confirmed the injuries suffered by the child.
In her final remarks before sentencing, Ogolla underlined the gravity of the offence and the need for strong punishment.
“This court is cognizant of the rising cases of sexual offences, and this conviction sends a clear message that the law takes crimes against minors very seriously,” she stated. “Offenders will face stringent penalties.”
The case has drawn attention to the growing concern over child safety and the continued threat posed by sexual offenders within communities.
The sentence imposed on Mwai reflects the courts’ commitment to delivering justice for victims of sexual violence and holding offenders fully accountable for their actions.
As communities continue to confront such crimes, the conviction stands as a reminder of the law’s role in protecting vulnerable children and deterring those who seek to exploit them.
