- A Lamu court has sentenced an 18-year-old Athuman Omara student to life imprisonment for defiling a nine-year-old Grade Three pupil.
- Medical and testimonial evidence has been presented in court, including a P3 form and expert medical findings.
- The magistrate has dismissed the accused’s defence and informed him of his right to appeal within 14 days.
A Lamu court has sentenced an 18-year-old student to life imprisonment after convicting him of repeatedly defiling a nine-year-old Grade Three pupil at a primary school in Lamu County.
Lamu Principal Magistrate Peter Wasike found Athuman Omara Athuman guilty of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act, ruling that the prosecution had proved its case beyond reasonable doubt. He was sentenced under Section 8(2) of the Act after being convicted under Section 215 of the Criminal Procedure Code.
The court heard that the offences occurred on separate occasions beginning October 7, 2025, at a primary school in Langoni Location, Lamu Central Sub-County. According to the prosecution, the complainant had gone to the school toilet when the accused followed him in, ordered him to undress and assaulted him after he resisted. Two other pupils reportedly walked in during one incident, prompting the accused to cover the child’s mouth and later offer them money to stay silent.
The case came to light after a teacher noticed the pupil was distressed and questioned him. The child was initially too afraid to speak but later disclosed what had happened and identified the accused during trial.
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Medical evidence presented in court showed the complainant was examined at King Fahad Hospital after his mother took him there, with a P3 form produced as an exhibit. Dr. Kombo Bwana Mohamed, testifying on behalf of Dr. Hakim Faraj, told the court the examination findings were consistent with repeated sexual assault.
Investigating officer PC Samson Katana produced photographs, a sketch map of the school, and birth certificates confirming the complainant was born on September 10, 2015, and the accused on March 4, 2006 — making him an adult at the time of the offence.
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In his judgment, Magistrate Wasike dismissed the accused’s defence, finding the complainant’s testimony credible and adequately corroborated by medical evidence. He further ruled that DNA evidence is not mandatory to prove penetration where other evidence sufficiently establishes the offence.
Athuman was informed of his right to appeal both the conviction and sentence before the High Court within 14 days.
By Jonathan Mwinzi
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