A twenty-six year old casual laborer was yesterday sentenced to life by a Kilifi Court after he was found guilty of sodomizing his 5-year-old cousin.
Chief Magistrate Charles Obulutsa sentenced the accused person to life imprisonment for the awful act contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
Obulutsa ruled that the prosecution through Prosecution Counsel Ridhwan Mohamed had proved its case to the legal standard with testimonies of five witnesses and exhibits.
The court observed that the accused sexually abused the child whilst knowing he could not legally consent to the act at such a tender age.
Obulutsa noted that the accused exploited their blood ties to the minor, preying on his innocence to perpetrate him. The child appeared to be in pain and had difficulty walking when he was taken to the hospital for treatment.
A relative told the court that upon being informed of the incident, she rushed to Kilifi County Hospital and found the minor in excruciating pain.
The complainant testified that the accused lured him to a nearby farm and molested him several times. He later reported the matter to his grandmother, prompting his family to take him to the hospital.
The grandmother was left in charge of the minor after the child’s mother traveled to Qatar for work.
A medical officer, who examined the child testified that the minor sustained injuries consistent with sexual assaults and produced treatment notes as an exhibit.
In his sworn defence, the accused denied the allegations, stating that he had been falsely implicated. However, the court found that his defence did not displace the prosecution’s evidence.
In analyzing the case, the magistrate relied on medical findings and witness testimony, concluding that the prosecution had proved the key elements of the offence including the age of the complainant, commission of the act, and identification of the perpetrator beyond a reasonable doubt.
The accused was consequently found guilty and convicted of defilement before being sentenced to life imprisonment.
The accused was also charged with an alternative count of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act. He committed the offences on 7 November 2024 at the Kitengwani area within Kilifi County.
