A Mombasa court sentenced a 21-year-old man to 20 years in prison for repeatedly defiling a 14-year-old girl.
The Director of Public Prosecutions said the case was proved beyond reasonable doubt, with the court citing clear evidence of penetration, age and identity.
The sentence was handed down on Monday at the Mombasa Law Court after Senior Resident Magistrate David Odhiambo ruled that the prosecution had proved its case beyond any reasonable doubt.
The Director of Public Prosecutions (DPP) said the conviction followed a full trial in which four witnesses testified.
In his judgment, the magistrate found that the prosecution had established all the critical elements of the offence, including penetration, the age of the complainant and the identity of the perpetrator. He ruled that the evidence presented by the state was consistent and credible.
The court also noted that the accused, Al Haji Majaliwa, failed to rebut the prosecution’s case when he was put to his defence.
Magistrate Odhiambo stated that the accused failed to dislodge himself from the prosecution’s evidence, which remained on high pedestal even after his explanation was considered under Section 211 of the Criminal Procedure Code.
Majaliwa had been charged under Section 8(1) as read with Section 8(3) of the Sexual Offences Act, provisions that relate to defilement of a child aged between 12 and 15 years.
Court records showed that the offences were committed between January 1 and March 2, 2024, at the Mwananguvuze area of Likoni.
According to the evidence presented, the accused knowingly engaged in sexual relations with the minor over a prolonged period.
The prosecution told the court that the girl was under the age of 18 at the time of the offences, a fact that was not disputed during the trial.
In her testimony, the minor told the court that she had left her parents’ home after a disagreement and went to live with the accused, whom she described as her boyfriend. She said she stayed with him for several days, during which time sexual acts took place.
Her account was supported by medical evidence presented by a clinical officer from Likoni Sub-County Hospital.
The officer testified that upon examination, the child was found to have a broken hymen and injuries consistent with sexual penetration.
The court heard that the minor was also treated for sexually transmitted infections as well as a urinary tract infection.
Medical treatment notes, a post-rape care form and a P3 form were produced in court and admitted as exhibits, strengthening the prosecution’s case.
An investigating officer also testified, telling the court that the accused had been living with the minor “as husband and wife”.
The officer said this arrangement persisted during the period when the offences were committed, reinforcing the prosecution’s position that the abuse was repeated and sustained.
The prosecution was led by Principal Prosecution Counsel Barbara Sombo, who argued that the evidence placed before the court met the legal threshold required for a conviction.
The magistrate agreed, ruling that the prosecution had proved its case beyond reasonable doubt.
In sentencing the accused to 20 years’ imprisonment, the court applied the provisions of the Sexual Offences Act, which prescribes stiff penalties for defilement in order to protect children and deter offenders.
The DPP said the sentence sends a clear message about accountability for sexual crimes involving minors.
The case adds to a growing body of prosecutions in which courts have imposed lengthy custodial sentences on offenders found guilty of defiling children.
The conviction and sentence bring to a close a case that began with the minor’s disappearance from home and ended with the court affirming that the evidence against the accused was overwhelming.
For prosecutors, the outcome reflects the importance of thorough investigations, medical documentation and consistent witness testimony in securing justice for child victims.
