A 45-year-old boda boda rider from Lamu County was sentenced to life imprisonment after being found guilty of defiling a 10-year-old boy.
Mselem Issa Mohamed was found guilty of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act no 3 of 2006.
The particulars of the charges are that on Saturday, December 14, 2024, at around 3 pm in the Kibokoni area of the Hindi location within Lamu Central sub-county in Lamu County, the accused lured the minor into nearby bushes while riding a motorcycle and defiled the minor intentionally and unlawfully.
He threatened the minor not to speak about the incident before fleeing the scene.
Two days later, the child reported the matter to a trusted individual, who in turn informed the parents, who went to report the incident at Hindi Police Station.
The victim was taken to Hindi Magogoni Dispensary for a medical examination and treated, where he was found to have been defiled.
Hon. Wasike heard that National Police Reservists arrested the accused almost four days after he had gone into hiding.
He was taken to Hindi police station and positively identified by the victim despite denying having committed the offence. Police further recovered a motorcycle he had used to ferry the minor to the thickest and commit the heinous act.
The court ruled that the prosecution, through Prosecution Counsel Idris Tomno, presented four witnesses and proved the charge of defilement against the accused person.
In his defense, he alleged a grudge between his family and that of the victim. In mitigation, he stated that he is the sole breadwinner of his family and pleaded with the court to be lenient.
In his sentence, Hon. Wasike dismissed the accused’s defense as inconsistent and unable to shackle himself from the atrocity against the minor.
He further ruled that the minor suffered lifetime emotional and psychological trauma due to the heinous act perpetrated by the accused.
Wasike indicated that the court considered judicial notice of rising cases of sexual offence and that the sentence will serve as a deterrent to others.
