KWALE, Kenya — A 24-year-old farmer from Kwale County has been sentenced to life imprisonment after being convicted of incest under Section 20(1) of the Sexual Offences Act, 2006.
Resident Magistrate Ruth Ogolla ruled that the prosecution presented overwhelming evidence proving the accused committed the incestuous act against his five-year-old niece.
In her judgment, Hon. Ogolla noted that the six prosecution witnesses provided consistent testimonies that clearly depicted the accused’s actions toward his older sister’s child.
The court commended Assistant DPP Collins Orwa and the prosecution team for building a strong and thorough case that established all essential elements of the offence.
The magistrate further stated that the accused not only stole the child’s innocence but also inflicted lasting psychological trauma.
The crime was committed in the early morning of August 22, 2024, in Mirizani Village, Mwaluphamba location, Shimba Hills sub-county, Kwale County.
Court records show the accused instructed the minor—referred to as M.A. for legal protection—to enter her grandmother’s house to fetch a shirt. He followed her inside, closed the door, ordered her to undress, and proceeded to commit the act.
The child testified that the convict threatened her when she resisted and warned her not to tell anyone.
After the incident, he opened the door and left the minor in severe pain. Her grandmother and other relatives found her and took her to a local hospital, where she was admitted for specialized treatment.
A medical doctor who presented treatment notes confirmed the minor had injuries consistent with sexual assault.
The court rejected the accused’s defense as unconvincing, noting he was well known to the child and that it was improbable for a young child to fabricate such allegations.
“I hereby sentence you to life imprisonment for the offence of incest. This crime against a vulnerable child is a serious breach of trust that courts must denounce and deter. You have the right to appeal within 14 days,” Hon. Ogolla ruled.
