A Kilifi court on Tuesday Feburary 3, sentenced a 26-year-old casual labourer to life after he was found guilty of sodomising his 5-year-old cousin.
In a statement, the Office of the Director of Public Prosecutions (ODPP) said the sentence was issued by Chief Magistrate Charles Obulutsa.
Obulutsa ruled that the prosecution, through Prosecution Counsel Ridhwan Mohamed, had proved its case to the legal standard withthe testimonies of five witnesses and exhibits.
The magistrate 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,” ODPP stated.
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.
A medical officer, who examined the child, testified that the minor sustained injuries consistent with sexual assault 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.
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.
