LAMU, Kenya – An 18-year-old student has been sentenced to life imprisonment after being convicted of sodomising a nine-year-old fellow pupil in a school toilet in Lamu Central Sub-County.
Lamu Principal Magistrate Peter Wasike convicted Athuman Omara Athuman of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006.
The court heard that the offence occurred on diverse dates between October 7, 2025, at a primary school in Langoni Location, where the convict intentionally and unlawfully penetrated the Grade 3 pupil inside the school toilet.
Minor’s testimony
In his evidence, the minor told the court that on the material day he went to the toilet when the accused, who was also a pupil at the same school, followed him and ordered him to undress.
When the minor hesitated, the accused slapped him on the back, forcing him to undress.
Two other pupils entered the toilet and witnessed what was happening. The accused covered the minor’s mouth and later promised to give them money if they did not report the matter to the teacher.
The matter came to light when a teacher questioned the minor, who appeared disturbed. He initially denied the incident out of fear but later pointed out the accused in court as the person who assaulted him.
Medical evidence
The minor’s mother took the victim to King Fahad Hospital, where he was examined and found to have been sexually assaulted. The mother was issued with a duly filled P3 form, which was produced in court as an exhibit.
Dr Kombo Bwana Mohamed, who testified on behalf of Dr Hakim Faraj, told the court the minor had bruises at the anal entrance and a loose anal sphincter.
“This was confirmation of sodomy and evidence of repeated sodomy,” the doctor said.
The medic added that the injuries were not from a scratch.
Investigation and evidence
Investigating Officer PC Samson Katana produced a sketch map of the school, photos, and birth certificates. Records showed the victim was born on September 10, 2015, and was nine years old, while the accused was born on March 4, 2006, and was therefore an adult.
In his judgment, Magistrate Wasike said the prosecution, through Principal Prosecution Counsel Derrick Wawire Omanyo, had proved all ingredients of defilement: age, penetration, and identity of the perpetrator.
Court ruling
The magistrate dismissed the accused’s claims, noting the minor’s testimony was consistent and corroborated by medical evidence.
“There is no legal requirement for DNA as proof of penetration. The evidence on record is sufficient,” the magistrate ruled.
The accused was convicted under Section 215 of the Criminal Procedure Code and sentenced to life imprisonment as provided under Section 8(2) of the Sexual Offences Act.
The court directed the convict to exercise his right to appeal against the conviction and sentence within 14 days.
