A Kilifi court has sentenced a 55-year-old man to 20 years in prison for defiling a 12-year-old boy on several occasions.
Mwakonde Mwadzala was convicted by Kaloleni Principal Magistrate Lewis Gatheru after the court found that the prosecution had proved the case beyond reasonable doubt.
Evidence presented in court showed that Mwadzala was not related to the boy but used money to lure him before repeatedly defiling him.
The abuse came to light after the boy’s mother noticed changes in his behaviour. She later discovered evidence indicating that her son had been sexually assaulted several times at their home.
The prosecution called four witnesses whose evidence the court found reliable and consistent with the magistrate saying their testimony was corroborated by other evidence presented during the trial.
Medical evidence showed that the child had suffered serious psychological effects from the abuse. However, the prosecution did not present additional physical factors that would have aggravated the offence.
Mwadzala had been charged with defilement under Section 8(1) as read with Section 8(3) of the Sexual Offences Act, No. 3 of 2006. The court convicted him under Section 215 of the Criminal Procedure Code.
During sentencing, the court noted that Mwadzala had no previous criminal record and was therefore treated as a first offender.
However, he maintained his denial of the offence despite the evidence presented during the trial.
Magistrate Gatheru said the offence was particularly serious because Mwadzala took advantage of the child’s vulnerability through manipulation, money and trust.
The court noted that the law prescribes a severe punishment for defilement of children and found no grounds to reduce the prescribed sentence.
Mwadzala was sentenced to 20 years in prison, with the court taking into account the period he had already spent in custody in accordance with Section 333(2) of the Criminal Procedure Code.
He will therefore serve 19 years and three months from the date of sentencing.
