Kilifi casual labourer sentenced to life for sodomising five-year-old cousin

Hands in handcuffs. [File, Standard]

A 26-year-old casual labourer has been sentenced to life imprisonment for sodomising his five-year-old cousin in Kilifi County.

The man whose name was withheld to protect the minor was found guilty of defiling his cousin contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

The court heard that the accused person committed the offense at Kitengwani area on November 7, 2024.

The court also heard that the man lured the boy to a nearby farm before assaulting him.

The ordeal became evident when the boy was taken for medical treatment while presenting significant pain and difficulty in walking.

In a judgment delivered at the Kilifi law court, Kilifi chief magistrate Charles Obulutsa condemned the convict for exploiting his kinship ties with the innocent child to commit an act of severe violence.

His medical status at the time was part of the evidence in the prosecution’s case.

State prosecutor Ridhwan Mohamed presented testimonies from five witnesses alongside forensic exhibits, which the court said had proved the charges beyond a reasonable doubt.

The court noted that the accused sexually abused the child, knowing he could not legally consent to the act at such a young age.

In his ruling, magistrate Obulutsa underscored the gravity of the convict's abuse of position, noting that the family connection was an aggravating factor rather than a ground for leniency.

"The accused person occupied a position of trust, a role that should have guaranteed the safety and well-being of this innocent child.

"Instead, he chose to weaponise that proximity, inflicting lifelong trauma for a moment of perverse gratification," said Obulutsa.

During the court hearing, 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.

The complainant testified that the accused lured him to a nearby farm and molested him several times.

The victim's letter reported the matter to his grandmother, prompting his family to take him to the hospital.

The court heard that the grandmother was left in charge of the minor after the child’s mother traveled to Qatar for work.

A medical officer, who examined the child, testified that the minor sustained injuries consistent with sexual assaults 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 defense did not displace the prosecution’s evidence.

The accused was consequently found guilty and convicted of defilement before being sentenced to life imprisonment.

This comes after the Judiciary commissioned a children's court at Kilifi court last year, marking a significant milestone in advancing child-sensitive justice systems in Kilifi.