Mombasa man gets life sentence for defiling 3 minors

A Mombasa court has sentenced a man to life imprisonment after finding him guilty of defiling and sexually assaulting three school-going girls in Jomvu Subcounty.

In a statement issued on Monday, the Office of the Director of Public Prosecutions (ODPP) said it had secured the conviction and sentence following a successful prosecution before the Mombasa Resident Magistrate’s Court.

The accused was convicted by Resident Magistrate Green Odera on two counts of defilement contrary to the Sexual Offences Act.

"A man in his 40s was convicted by Mombasa Resident Magistrate Green Odera on two counts of defilement contrary to Section 8(1) as read with Sections 8(2), 8(3) and 8(4) of the Sexual Offences Act, No. 3 of 2006," the statement said.

He was also found guilty of committing an indecent act with a child under Section 11(1) and one count of sexual assault contrary to Section 5 of the Act.

According to the ODPP, the offences were committed on September 26, 2023, in the Kibarani area of Mikindani, Jomvu Subcounty, Mombasa County.

The victims were two girls aged eight years and a third nine-year-old girl.

The prosecution, led by Principal Prosecution Counsel Purity Musembi, called eight witnesses to testify in the case.

"The DPP presented eight witnesses, including the minors, a clinical officer, and the investigating officer," the Prosecution stated.

"Medical evidence, including P3 and PRC (Post Rape Care) forms, corroborated the children’s testimony and confirmed injuries consistent with sexual assault."

In his judgment, Magistrate Odera found that the prosecution had proved its case beyond reasonable doubt.

The court described the victims’ accounts as consistent, credible and free from malice.

It further held that the accused’s defence amounted to a mere denial and did not dislodge the prosecution’s evidence.

Upon conviction, the court sentenced the accused to life imprisonment.

"The court held that the prosecution had proved its case beyond reasonable doubt and proceeded to sentence him to life imprisonment," reads the statement.

Under the Sexual Offences Act, defilement of a child aged 11 years or below attracts a mandatory life sentence, reflecting the seriousness with which the law treats offences against minors.

The ODPP said the conviction underscores its continued commitment to safeguarding vulnerable victims and ensuring accountability for perpetrators of sexual violence.

“The conviction underscores the DPP’s unwavering resolve to pursue justice for vulnerable victims and to ensure that perpetrators of sexual violence face the full force of the law,” the statement said.

The accused was granted 14 days to appeal against both conviction and sentence.