A 19-year-old boda boda rider has been handed a 20-year jail term for defiling a 12-year-old schoolgirl in Kinango, Kwale County.
The sentence followed a successful prosecution by the Office of the Director of Public Prosecutions (ODPP), with the court finding that the prosecution had proved the offence beyond reasonable doubt.
Senior Resident Magistrate Joy Mutimba delivered the judgment during a mobile court session in Kinango, convicting the young man of defilement under Section 8(1), as read with Section 8(3), of the Sexual Offences Act.
The court heard that the offence occurred on August 24, 2025, at Dumbule Village in Kinango Location, when the victim, a Grade Seven pupil, was heading to church.
According to evidence presented in court, the girl encountered the accused while he was riding a motorcycle. The rider gave her Sh20 and persuaded her to accompany him.
He subsequently took the minor to a nearby toilet, where he sexually assaulted her before giving her an additional Sh10 and allowing her to leave.
The girl later disclosed the incident to her family, who took her to Kinango Sub-County Hospital for medical attention.
A report was subsequently lodged at Kinango Police Station, leading to investigations and the prosecution of the suspect.
Four witnesses testify
Assistant Director of Public Prosecutions Collins Orwa led the prosecution, presenting four witnesses to support the case.
The witnesses included the complainant, her relative, a person who had been informed about the incident and the investigating officer.
Medical records, including a P3 form, treatment notes and a preserved blood-stained sanitary pad, were also presented as exhibits to support the girl's account.
In her ruling, Magistrate Mutimba said the minor had given clear and consistent testimony, which was supported by medical findings and evidence from other witnesses.
She rejected the accused's defence, ruling that it failed to create reasonable doubt in the prosecution's case.
While handing down the sentence, the magistrate described defilement as a serious offence, particularly when committed against children who should be protected from sexual exploitation and abuse.
She said the 20-year imprisonment was justified by the gravity of the crime and would serve as a warning to potential offenders.
The convict was granted 14 days to appeal against both the conviction and sentence.
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