Malindi Resident Magistrate Eva Mirriam Adhiambo sentenced Justin Karisa Thoya to 30 years’ imprisonment after convicting him of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
The court had earlier found that on June 14, 2025, at Jacaranda area in Malindi Sub-county, Kilifi County, Thoya intentionally and unlawfully defiled a 7-year-old boy.
The prosecution, through Prosecution Counsel Ahmed Omar, called four witnesses to prove its case, with the court ruling that the evidence was proved to the required legal standard.
The victim’s mother testified that her son told her he was defiled at the grazing grounds in the bushes.
She took him to hospital, where he was examined and found to be bleeding.
The minor told the court he had gone grazing when Thoya asked him to help look for another cow in the bushes.
He testified that after the act, the convict warned him against revealing his ordeal, amid threats to his life.
The boy later got the courage to reveal to his mother what had been done to him before rushing to the hospital.
A medical officer, who examined the minor, testified that the boy was treated after being brought by his parents complaining of defilement.
On examination, the medic noted that the anus was swollen and painful and concluded there was anal penetration of the seven-year-old.
The investigating officer confirmed the child’s age through a birth certificate.
In her judgement, Hon. Adhiambo found that the prosecution had proved the age of the victim, the identification of the perpetrator, and penetration beyond reasonable doubt.
“I am satisfied that the prosecution has proved beyond reasonable doubt that the accused person defiled the complainant,” she ruled.
The convict was sentenced to 30 years’ imprisonment, with the court granting him 14 days to appeal against both conviction and sentence.
The convict had jumped bail for eight months before Malindi DCI officers and Kizingo police stations tracked him to Hindi, Lamu County.
He was re-arrested, and the court cancelled his bond before the trial proceeded to a logical conclusion.
