- An 18-year-old student has been sentenced to life imprisonment after being convicted of defiling a nine-year-old pupil at a primary school in Lamu Central Sub-County.
- The court heard that the Grade 3 pupil was assaulted inside a school toilet after the accused allegedly followed him there and forced him to undress. Lamu Principal Magistrate
- Peter Wasike said the prosecution had proved the victim’s age, penetration and identity of the perpetrator, with the minor’s evidence supported by medical findings.
An 18-year-old student has been sentenced to life imprisonment after the court found him guilty of defiling a nine-year-old pupil in a school toilet in Lamu Central Sub-County.
Lamu Principal Magistrate Peter Wasike convicted Athuman Omara Athuman of defilement under Section 8(1), read together with Section 8(2), of the Sexual Offences Act No. 3 of 2006.
The court was told that the offence was committed on diverse dates between October 7, 2025, at a primary school in Langoni Location. Athuman was accused of intentionally and unlawfully penetrating the Grade 3 pupil while inside the school toilet.
The minor told the court that he had gone to the toilet on the material day when Athuman, who was also a pupil at the school, followed him and ordered him to remove his clothes.
The child hesitated, prompting the accused to slap him on the back and force him to undress.
According to the testimony, two other pupils entered the toilet and saw what was taking place. The accused allegedly covered the minor’s mouth before promising the two pupils money if they kept the incident from the teacher.
The incident was later discovered after a teacher noticed that the minor appeared disturbed and questioned him. Although the child initially denied the allegations out of fear, he later identified Athuman in court as the person who had assaulted him.
Medical evidence
The minor was taken to King Fahad Hospital by his mother, where he underwent a medical examination. The examination established that he had been sexually assaulted.
The mother was issued with a duly completed P3 form, which was subsequently presented in court as an exhibit.
Dr Kombo Bwana Mohamed, who testified on behalf of Dr Hakim Faraj, told the court that the minor had bruises around the anal entrance and a loose anal sphincter.
“This was confirmation of sodomy and evidence of repeated sodomy,” the doctor said.
The doctor further testified that the injuries could not have been caused by a scratch.
Investigating Officer PC Samson Katana presented several exhibits to the court, including a sketch map of the school, photographs and birth certificates.
The records indicated that the victim was born on September 10, 2015, making him nine years old at the time of the offence. They also showed that Athuman was born on March 4, 2006, making him an adult.
In his judgment, Magistrate Wasike found that the prosecution, led by Principal Prosecution Counsel Derrick Wawire Omanyo, had established the essential elements of the offence, including the victim’s age, penetration and the identity of the perpetrator.
Court ruling
The magistrate rejected the accused’s claims, finding that the minor’s evidence was consistent and had been supported by the medical findings.
“There is no legal requirement for DNA as proof of penetration. The evidence on record is sufficient,” the magistrate ruled.
Athuman was convicted under Section 215 of the Criminal Procedure Code and sentenced to life imprisonment in accordance with Section 8(2) of the Sexual Offences Act.
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The court also directed the convict to exercise his right to appeal against both the conviction and sentence within 14 days.
By Staff Reporter
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