An 18-year-old student has been sentenced to life imprisonment after being convicted of repeatedly sodomising a 9-year-old Grade 3 pupil in a school toilet in Lamu County.
Lamu Principal Magistrate Peter Wasike convicted Athuman Omara Athuman of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006, following a trial in which the court found the prosecution had proved all the ingredients of the offence beyond reasonable doubt.
The court heard that the offences occurred on diverse dates from October 7, 2025, at a primary school in Langoni Location, Lamu Central Sub-County.
On the material day, the minor went to the school toilet when the accused, a fellow pupil, followed him inside and ordered him to undress.
When the child hesitated, the accused slapped him on the back to force compliance.
Two other pupils who entered the toilet witnessed what was happening, and the accused covered the minor’s mouth and later promised them money to keep quiet.
The matter came to light when a teacher noticed the minor appeared disturbed and questioned him.
The child initially denied the incident out of fear but later identified the accused in court as his assailant.
His mother took him to King Fahad Hospital, where he was examined and found to have been sexually assaulted.
A duly filled P3 form was produced in court as an exhibit.
Dr Kombo Bwana Mohamed, testifying on behalf of Dr Hakim Faraj, told the court the minor had bruises at the anal entrance and a loose anal sphincter.
“This was confirmation of sodomy and evidence of repeated sodomy,” the doctor said, adding that the injuries were not consistent with a scratch or minor trauma.
Investigating Officer PC Samson Katana produced a sketch map of the school, photographs, and birth certificates confirming that the victim was born on September 10, 2015, making him 9 years old at the time, while the accused was born on March 4, 2006, making him legally an adult.
In his judgment, Wasike dismissed the accused’s defence, noting that the minor’s testimony was consistent and fully corroborated by medical evidence.
“There is no legal requirement for DNA as proof of penetration. The evidence on record is sufficient,” the magistrate ruled.
Athuman was convicted under Section 215 of the Criminal Procedure Code and sentenced to life imprisonment under Section 8(2) of the Sexual Offences Act.
The court directed him to exercise his right to appeal against the conviction and sentence within 14 days.