The Director of Public Prosecutions (DPP) has secured a life sentence against a man found guilty of defiling his 10-year-old niece in Kilifi.
The sentence was handed by Principal Magistrate Hon. Ivy Wasike, who ruled that Samuel Mwadori Wanje alias Branson had committed the crime contrary to Section 20(1) of the Sexual Offences Act No. 3 of 2006.
In the alternative, the convict faced a charge of committing an indecent act with a child contrary to Section 11(1) of the sexual offences act. Prosecution told court the convict unlawfully committed the offence on 4th of December 2024 at Mchoenzi village in Vitengeni location, Ganze sub-county, Kilifi County.
In her judgment, Hon Wasike ruled that Prosecution, through Principal Prosecution Counsel Nancy Njeru, presented five witnesses, all of whom helped prove its case beyond reasonable doubt. Prosecution proved to court that the abusive uncle waylaid the minor and abused her when she had gone to a farm to fetch vegetables.
The minor reported the incident to her family, prompting her mother to take her to hospital. The matter was thereafter reported to police. Medical evidence presented in court confirmed that the child sustained injuries consistent with assault with a clinician testified that she was in pain at the time of examination.
Investigators who visited the scene reported signs consistent with a struggle, supporting the minor’s account. In his defence, the accused denied the charge and claimed he had been framed after an earlier dispute with the child’s mother.
The court, however, dismissed the claim, noting that the minor positively identified him and that he failed to give a credible account of his whereabouts at the time.
A pre-sentence report indicated that the accused posed a risk to the community and recommended for a deterrent sentence against the convict. Hon. Wasike, while delivering the sentence, noted the offence committed was grave, noting that the victim was a young child and a close relative of the accused.
The accused was sentenced to life imprisonment as provided under the Sexual Offences Act and declared a danger to society.
The court further directed that a social inquiry report be conducted on the child and that he and her mother receive psychosocial support for at least 12 months.
