A man in Kilifi County has been sentenced to 25 years in prison for defiling an eleven-year-old girl.
The ruling was delivered by Principal Magistrate Ivy Wasike at the Kilifi Law Courts after finding the accused, Elijah Murimi, guilty of defilement under the sexual offences act.
The crime occurred on March 13, 2024, at around 10 am in Tezo area, Kilifi North Subcounty.
According to the Office of the Director of Public Prosecutions (ODPP), the young girl had been sent by her mother to a nearby shop to buy diapers on the fateful day.
While on her way, Murimi and another man ambushed her, gagged her, and dragged her into a bush. The two men defiled her in turns before fleeing the scene.
The girl returned home crying and narrated the incident to her mother. The mother immediately reported the matter to the area chief and took the child to hospital.
A medical examination confirmed that the girl had been defiled. The case was reported to the police, and investigations were launched.
A few days later, the victim spotted one of her attackers in the area. She informed her mother, who contacted the police.
The suspect was arrested and charged with defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006.
During the trial, led by Nancy Njeru, four witnesses testified, dismissing the defence claim that the case was a conspiracy arising from a business dispute.
“The offence was serious and had caused lasting trauma to the child,” Wasike said.
He also faced an alternative count of performing an indecent act with a child.
According to the Kenyan constitution, sexual offences against children under 18 years of age are primarily governed by the sexual offences Act, 2006 (Act No. 3 of 2006).
Any sexual act involving a person under 18 years old, whether penetration, attempted penetration, or indecent touching, constitutes a serious criminal offence punishable by long-term imprisonment, including life imprisonment.
A person who commits an act which causes penetration with a child is guilty of an offence termed defilement.
A person who commits an offence of defilement with a child aged 11 years or less shall, upon conviction, be sentenced to imprisonment for life.
A person who commits an offence of defilement with a child between the ages of 12 and 15 years is liable upon conviction to imprisonment for a term of not less than 20 years.
