A 79-year-old man has been sentenced to 10 years in prison after being convicted of committing an indecent act against a 14-year-old autistic child. John Mwangi Thuku was sentenced at the Mukurwe-ini Law Courts after the court found him guilty of the offence under the Sexual Offences Act.
Thuku had initially been charged with attempted defilement under Section 9(1), read together with Section 9(2) of the Sexual Offences Act. He also faced an alternative count of committing an indecent act with a child under Section 11(1) of the same law.
The case dates back to May 1, 2025, when the child reportedly left her home without her mother’s knowledge. Her mother began searching for her and eventually located her at Thuku’s compound. She reportedly found the accused engaging in inappropriate sexual conduct involving the child and raised an alarm, prompting neighbours to respond.
The prosecution presented seven witnesses during the trial. Principal Prosecution Counsel Elizabeth Waruguru and Prosecution Counsel Sarah Kitui led the prosecution team.
The witnesses gave evidence relating to statements allegedly made by Thuku after the incident. The court found the evidence presented by the prosecution to be sufficiently consistent and corroborative to establish the accused’s involvement beyond reasonable doubt.
In delivering the decision, Hon. Agade Savai Eddah noted the child’s vulnerability, observing that she was autistic and unable to communicate through speech, writing or drawing. Although the child was unable to give evidence before the court, the magistrate found that the prosecution had provided adequate evidence to establish the offence.
The court subsequently convicted Thuku on the alternative charge of committing an indecent act with a child, exercising its powers under Section 179 of the Criminal Procedure Code. He was sentenced to serve 10 years in prison under Section 11 of the Sexual Offences Act.
