File image of a court gravel.
A 45-year-old Lamu boda boda rider has been sentenced to life imprisonment after being found guilty of defiling a 10-year-old boy.
In a statement, the Office of the Director of Public Prosecutions (ODPP) said the accused Mselem Issa Mohamed was found guilty of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act no 3 of 2006.
According to the ODPP, the incident happened on December 14, 2024, at around 3 PM in the Kibokonl area of the Hindi location within Lamu Central sub-county in Lamu County.
“The court heard that on 14th December 2024 at around 3:00 pm, the accused lured the minor into nearby bushes while riding a motorcycle and defiled him. He threatened the minor not to speak about the incident before fleeing the scene,” read part of the statement.
Two days later, the child reported the matter to a trusted individual, who in turn informed the parents, who went to report the incident at Hindi Police Station.
The victim was taken to Hindi Magogoni Dispensary for a medical examination and treated, where he was found to have been defiled.
National Police Reservists arrested the accused almost four days after he had gone into hiding and took him to the Hindi police station, where he was positively identified by the victim.
Police further recovered a motorcycle he had used to ferry the minor to the thicket and commit the heinous act.
The court ruled that the prosecution, through Prosecution Counsel Mr. Idris Tomno, presented four witnesses and proved the charge of defilement against the accused person.
In his defense, the accused alleged a grudge between his family and that of the victim.
In his sentence, Justice Wasike dismissed the accused’s defense as inconsistent and unable to shackle himself from the atrocity against the minor.
He further ruled that the minor suffered lifetime emotional and psychological trauma due to the heinous act perpetrated by the accused.
Justice Wasike also indicated that the court considered judicial notice of rising cases of sexual offence and that the sentence will serve as a deterrent to others.
