Man handed life sentence for defiling three minors in Mombasa

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A man accused of defiling three minors between the ages of eight and nine has been sentenced to life imprisonment.

40-year-old Jonathan Mutuku was found guilty of defiling the three young girls on September 26, 2023, in Kibarani, Mikindani location, Jomvu Sub-County, Mombasa County.

Mombasa Resident Magistrate Green Odera on Monday confirmed that all the three minors knew the accused well, and their identification of him as the perpetrator was consistent and credible throughout cross-examination.

Odera ruled that the prosecution had proved its case beyond reasonable doubt against Mutuku on all three counts.

“The question I must ask is what motive the three minors had against the accused to make such allegations. I have found none in the course of the proceedings. The accused's defence was a mere denial and must fail on counts 1 and 2,” said Odera.

"I hereby find the accused guilty of the offence of sexual assault contrary to Sections 5(1)(a)(1) and (2) of the Sexual Offences Act. I thus convict you pursuant to Section 215 of the criminal procedure code on counts 1 and 2," the magistrate added.

According to evidence tendered in court, the three children were playing on the road after returning home from school when the accused lured them into his house.

The first victim, aged eight, told the court that Mutuku called her into his house, undressed and defiled her and she reported the matter to her aunt.

Her aunt testified and confirmed receiving the report and immediately taking the minor to a health facility for examination.

The second complainant, aged nine, testified that she was undressed, defiled and later given five shillings before being allowed to leave.

The third victim, also aged eight told court that Mutuku inserted his fingers in her private parts.

The prosecution counsel, Purity Musembi, called eight witnesses, including the children, a clinical officer, and the investigating officer, whose testimony confirmed the victims’ accounts.

Musembi said that the medical examinations conducted on the minors revealed fresh injuries and genital trauma consistent with sexual penetration and presented P3 and PRC forms as proof.

During the trial, Mutuku gave a sworn statement denying the allegations and called no witnesses to challenge the prosecution’s evidence.

He was convicted on two counts of defilement contrary to section 8(1) as read with section 8(2)/8(3)/8(4) of the Sexual Offences Act No. 3 of 2006.

Mutuku was also found guilty of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act.

He was further convicted of one count of sexual assault contrary to section 5(1)(a) as read with section 5(2) of the Sexual Offences Act, No. 3 of 2006.

The magistrate said the sentence would serve as a deterrent to others and reinforce the protection of children from sexual offences.

Mutuku was granted 14 days to appeal.