KILIFI, Kenya — A Kilifi court has sentenced a 26-year-old casual labourer to life imprisonment after finding him guilty of defiling his five-year-old cousin, in a case the court said involved the exploitation of family trust and the abuse of a child incapable of consent.
Chief Magistrate Charles Obulutsa on Tuesday convicted the accused under Section 8(1) as read with Section 8(2) of the Sexual Offences Act, which prescribes a life sentence where the victim is aged 11 years or below.
In his ruling, the magistrate held that the prosecution had proved its case beyond a reasonable doubt through the testimony of five witnesses and corroborating medical evidence.
“The court finds that the accused sexually abused the minor while fully aware that the child could not legally consent due to his tender age,” Obulutsa said.
The court further found that the accused exploited his blood relationship with the child to gain access and perpetrate the offence.
Evidence before the court showed that the child was lured to a nearby farm in Kitengwani area, Kilifi County, where the abuse occurred repeatedly on November 7, 2024.
A relative testified that upon learning of the incident, she rushed the child to Kilifi County Hospital and found him in severe pain and unable to walk properly.
The child later reported the incident to his grandmother, who had been left in charge after the minor’s mother travelled to Qatar for work.
A medical officer who examined the child told the court that the injuries sustained were consistent with sexual assault and produced treatment notes and medical reports as exhibits.
The complainant also testified, with the court noting that his account was consistent and supported by medical findings.
In his sworn defence, the accused denied the charges and claimed he had been falsely implicated. However, the magistrate ruled that the defence failed to dislodge the prosecution’s evidence.
In analysing the case, the court identified and confirmed all essential elements of the offence, including the age of the complainant, commission of the act, and positive identification of the perpetrator.
The accused had also been charged with an alternative count of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
Upon conviction, the court imposed the mandatory life sentence provided for under the law.
