A man in his mid-20s has been sentenced to life imprisonment after being found guilty of sexually assaulting a five-year-old boy in Tezo, Kilifi County.
Kilifi Chief Magistrate Charles Obulutsa handed down the sentence after convicting the casual labourer of defilement under Section 8(1), as read with Section 8(2) of the Sexual Offences Act.
The offence occurred on September 13, 2025, when the victim, identified as A.M., was reportedly walking to a nearby shop alongside two other children. Court proceedings revealed that the suspect was left behind with the boy after the other children moved away. When they returned and failed to find him, one of them went searching at a nearby house belonging to a man identified as Tsuma.
Upon entering the house, the child discovered the suspect and the five-year-old inside, with both unclothed and the man allegedly sexually assaulting the boy. The discovery prompted an alarm that attracted attention and led to the victim’s family being informed.
The boy’s father later took him to hospital before reporting the matter to the police, leading to investigations and the eventual arrest of the suspect.
During the trial, the prosecution, led by Ridhwan Mohamed, presented evidence from child witnesses, the victim’s relatives, the investigating officer and a clinical officer who examined the boy. Medical documents, including P3 and Post Rape Care forms, were also produced in court and supported the allegations of sexual assault.
The investigating officer further testified that the child led police officers to the suspect’s residence, where he was identified and subsequently arrested.
In his defence, the accused denied committing the offence, alleging that neighbours had falsely implicated him after he returned home to attend his mother’s burial. However, the court found his explanation unconvincing, ruling that it did not contradict the prosecution’s evidence.
In his judgment, Magistrate Obulutsa found that the prosecution had sufficiently established the child’s age, proof of penetration and the identification of the offender beyond reasonable doubt. The court consequently convicted the accused and imposed a life sentence under Section 8(2) of the Sexual Offences Act, which provides for life imprisonment where the victim is aged 11 years or below.
The convict was directed to file any appeal against the conviction and sentence within 14 days.
