A 34-year-old man has been sentenced to 40 years in prison after a court found him guilty of defiling an eight-year-old girl.
Mombasa Senior Resident Magistrate David Odhiambo ruled that the prosecution had proved the case beyond reasonable doubt and dismissed the accused person’s defence as incapable of dislodging the evidence presented in court.
The man was charged with defilement contrary to Section 8(1), as read with Section 8(3), of the Sexual Offences Act, 2006.
He also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
The court found that the convict committed the offences on diverse dates between July 1, 2023, and September 12, 2024, in the Café area of Likoni Sub-county, Mombasa County.
He denied the charges, prompting the prosecution, led by Principal Prosecution Counsel Barbara Sombo, to call six witnesses.
The minor told the court that the accused would take her to his house and defile her repeatedly while her younger brother remained outside.
She said he also took her to a bushy area and assaulted her on several occasions.
The girl testified that the accused gave her sweets and threatened to harm her if she disclosed the incidents to anyone.
The matter came to light after a neighbour informed the girl’s mother. The mother testified that she questioned her daughter, who disclosed that she had been assaulted by the accused.
She said her son had also told her that the accused would give him a bicycle to ride before taking the girl into his house.
The mother took the child to hospital, where she was treated. Medical documents, including a P3 form and a post-rape care form, were completed.
A clinical officer who examined and treated the minor testified that the child had a broken hymen with a healing scar and injuries around the anal area, which the officer said were indicative of penetration. The officer also presented laboratory test results showing that the child had infections.
The investigating officer testified that investigations established that the accused would give the complainant’s brother a bicycle before taking the girl into his house.
The officer visited the scene and found that the accused lived in an incomplete house.
In his defence, the accused denied the allegations and told the court that he had never committed such an offence.
He admitted knowing the complainant because they were neighbours and that he occasionally gave her brother a bicycle to ride.
Magistrate Odhiambo found that the accused had taken advantage of the child’s innocence and defiled her.
The court granted the accused 14 days to exercise his right of appeal against both the conviction and the sentence.