MOMBASA, Kenya — The Office of the Director of Public Prosecutions has secured a life sentence against a man convicted of defiling and sexually assaulting three school-going girls in Mombasa.
Jonathan Mutuku, a man in his 40s, was convicted by Mombasa Resident Magistrate Green Odera on two counts of defilement contrary to Section 8(1) as read with Sections 8(2), 8(3) and 8(4) of the Sexual Offences Act No. 3 of 2006.
He was also found guilty of committing an indecent act with a child under Section 11(1) and one count of sexual assault contrary to Section 5(1)(a)(i) as read with Section 5(2) of the Act.
Offences Committed in Kibarani
The court heard that the offences were committed on September 26, 2023, in the Kibarani area of Mikindani, Jomvu Sub-County.
The victims were three minors aged eight, nine, and eight years.
Through Principal Prosecution Counsel Purity Musembi, the prosecution presented eight witnesses, including the three minors, a clinical officer, and the investigating officer.
Medical evidence — including P3 and PRC forms — corroborated the children’s testimony and confirmed injuries consistent with sexual assault.
Court Finds Evidence Credible
In his ruling, Hon. Odera described the victims’ accounts as consistent, credible, and free from malice.
He dismissed the accused’s defence as a mere denial.
The court held that the prosecution had proved its case beyond a reasonable doubt and proceeded to sentence Mutuku to life imprisonment, as prescribed under the law for defilement involving minors of such ages.
The accused was granted 14 days to appeal both the conviction and the sentence.
Legal and Public Interest Implications
Section 8 of the Sexual Offences Act provides for life imprisonment where the victim is aged 11 years or younger.
Legal experts note that such sentences reflect Parliament’s intent to impose the harshest penalties in cases involving young children.
The conviction reinforces the prosecutorial mandate under Article 157 of the Constitution, which vests state prosecutorial authority in the DPP and underscores the State’s duty to protect vulnerable persons, including children.
In a statement, the ODPP said the outcome demonstrates its commitment to pursuing justice for victims of sexual violence and ensuring perpetrators face the full force of the law.
