KILIFI, Kenya – A Kilifi court has sentenced a man to life imprisonment after convicting him of defiling a five-year-old boy in Tezo, in a case where the prosecution relied on child witnesses, medical records and identification evidence to secure the conviction.
Kilifi Chief Magistrate Charles Obulutsa handed down the sentence after finding the casual labourer, who was in his mid-20s, guilty of defilement contrary to Section 8(1), as read with Section 8(2) of the Sexual Offences Act.
The offence was committed on September 13, 2025, when the accused sexually assaulted the child, identified in court only as A.M.
According to evidence presented by the prosecution, the boy had been walking to a nearby shop with two other children when the accused remained behind with him.
When the other children realised the boy was missing, one of them went searching for him at a nearby residence. The child discovered the accused and the five-year-old inside the house and raised an alarm, prompting intervention by the family.
The boy’s father subsequently took him to hospital and reported the incident to police, leading to investigations and the suspect’s arrest.
Prosecution Counsel Ridhwan Mohamed presented evidence from child witnesses, family members, the investigating officer and a clinical officer who examined the victim.
Medical documents, including P3 and Post Rape Care forms, were also produced in court. The clinical evidence supported the prosecution’s account of the assault.
The investigating officer further told the court that the victim led police officers to the suspect’s residence, where he was identified and arrested.
The accused denied the allegations, claiming that neighbours had framed him after he returned home to bury his mother.
However, the magistrate dismissed the defence, finding that it did not undermine the consistent prosecution testimony or offer a credible explanation for the evidence presented.
In his judgment, Obulutsa ruled that the prosecution had proved the child’s age, penetration and the identity of the perpetrator beyond reasonable doubt.
“The prosecution has proved the main charge beyond reasonable doubt. The accused is found guilty and is convicted,” the magistrate ruled.
The life sentence was imposed under Section 8(2) of the Sexual Offences Act, which provides for life imprisonment where the victim of defilement is aged 11 years or below.
The court directed the convict to file any appeal against the conviction and sentence within 14 days.
The case was prosecuted by the Office of the Director of Public Prosecutions (ODPP), which said the evidence presented had established all the elements of the offence to the required legal standard.
