KWALE, Kenya – A Kwale court has sentenced a 20-year-old man to 20 years in prison after convicting him of defiling a 12-year-old primary school pupil in Kinango Sub-County.
Resident Magistrate Ruth Ogolla found Jackson Waweru Mwai, also known as Kibaki, 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.
According to the Office of the Director of Public Prosecutions (ODPP), the offence occurred on March 8, 2025, in Kinango Village, where the minor was attacked while playing with other pupils at a school field.
The court heard that Mwai forcefully seized the child, covered her mouth with a piece of cloth suspected to have been laced with a harmful substance, and took her to his house.
Prosecutors told the court that the child lost consciousness during the ordeal and later realised she was being defiled after regaining awareness.
Her distress cries later drew the attention of a passerby, who raised an alarm that prompted family members to rush to the scene.
Testifying before the court, the victim’s sister said she was among those who responded and found the accused with the minor.
She told the court that she rescued her sister and positively identified Mwai as the perpetrator.
The child was rushed to hospital for treatment, and medical evidence presented in court confirmed injuries consistent with defilement.
Mwai was arrested shortly after the incident as members of the public attempted to apprehend him.
In his defence, he denied the charges, claiming he had been playing with the child when her sister allegedly burst into the house. However, the court dismissed his account as implausible.
In delivering the judgment, Magistrate Ogolla said the testimonies of the victim, her sister, and other witnesses were consistent, detailed, and corroborated by medical findings.
She ruled that the prosecution had proved its case beyond reasonable doubt.
The magistrate noted that the accused’s actions placed the life of the minor at serious risk and underscored the need for firm punishment.
“This court is alive to the rising cases of sexual offences. This conviction sends a clear message that crimes against children will attract severe penalties,” Ogolla said.
