The Director of Public Prosecutions has successfully secured a life sentence against Clement Ikalia Shitukha after prosecuting him for the defilement of a nine-year-old girl in December 2023.

The prosecution led by Stella Adeny, built a watertight case centered on the consistent and credible testimony of the nine-year-old survivor. Ms. Adeny successfully demonstrated to the court that the evidence, when evaluated as a whole, established the offense beyond a reasonable doubt.

In delivering the judgment, Resident Magistrate Stive Wasonga relied on Section 124 of the Evidence Act, which permits a conviction in sexual offense cases based solely on the victim’s testimony, provided the court finds the account to be entirely truthful and reliable.

The court expressed complete satisfaction with the complainant’s testimony, finding it sufficient to prove the charge.

During the trial, the prosecution also addressed the absence of a key witness, another child who had witnessed the incident. Ms. Adeny explained that the witness became unavailable due to initial delays, which occurred when the families attempted to resolve the matter informally through the local Chief’s office before eventually reporting it to the police.

The court accepted the explanation, holding that the delay and the absence of the second child witness did not weaken the prosecution’s compelling case.

In his defense, Shitukha gave an unsworn statement. He pleaded for leniency, claiming that he was elderly and diabetic, but failed to provide any medical records or documentation to support his claims.

The court noted that because the accused chose to give an unsworn statement, he was not subjected to cross-examination, which significantly diminished the weight of his defense.

Upon reviewing the evidence, the Magistrate ruled that the prosecution had proved all essential elements of the charge, specifically the victim’s age, the identity of the accused, and the act of penetration.