NAIROBI, Kenya, Feb 3 — A Kilifi court on Tuesday sentenced a 26-year-old casual labourer to life imprisonment after convicting him of defiling his five-year-old cousin.
Chief Magistrate Charles Obulutsa found the accused guilty of defilement contrary to Sections 8(1) and 8(2) of the Sexual Offences Act, which provides for a life sentence where the victim is aged eleven years or below.
The court heard that the offence was committed in November 2024, when the accused exploited close family ties to sexually assault the minor.
The prosecution, led by Ridhwan Mohamed, presented evidence from five witnesses, including medical testimony and treatment records.
In his judgment, Magistrate Obulutsa ruled that the prosecution had proved its case beyond reasonable doubt, citing medical evidence showing that the child sustained injuries consistent with sexual assault.
The Office of the Director of Public Prosecutions (ODPP) said a medical officer testified that the minor suffered injuries linked to sexual assault and produced treatment notes that were admitted as exhibits.
Family members told the court that the child experienced severe pain and had difficulty walking after the incident.
The minor testified that the accused lured him to a nearby farm in the Kitengwani area, where the assault occurred.
“The court observed that the accused sexually abused the child while fully aware that the minor could not legally consent to the act,” the ODPP said.
The court noted that the accused was a close relative who took advantage of the child’s vulnerability.
At the time of the incident, the child’s mother was working in Qatar, and the minor had been left in the care of his grandmother.
The grandmother reported the matter after the child disclosed the abuse, leading to his admission to Kilifi County Hospital.
The accused denied the charges in a sworn defence, but the court rejected his account, finding it failed to displace the prosecution evidence.
Although the accused faced an alternative charge of committing an indecent act with a child, the court entered a conviction on the main charge of defilement.
Magistrate Obulutsa ruled that the age of the victim, the identity of the perpetrator, and the commission of the offence had been conclusively proved.
