Man sentenced to 20 years for defiling 12-year-old girl in Kwale

A Kwale court has sentenced a 20-year-old man to 20 years in prison after finding him guilty of defiling a 12-year-old primary school pupil.

The accused Jackson Waweru Mwai, alias Kibaki, appeared before Resident Magistrate Ruth Ogolla, who convicted him of two counts: defilement and committing an indecent act with a child contrary to the law.

“Resident Magistrate Ruth Ogolla found Jackson Waweru Mwai, alias Kibaki, guilty of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offence Act. The accused was also convicted on the alternative charge of committing an indecent act with a child contrary to section 11(1) of the Sexual Offences Act,” read a statement by the Office of the Director of Public Prosecution (ODPP).

The court heard that on March 8, 2025, in Kinango Village, Kinango Sub-County, the girl was attacked while playing with other pupils at a school field, drugged and forcefully taken to Mwai’s house.

“Mwai found the minor playing in the school field with other learners when he forcefully grabbed her and covered her mouth with a piece of cloth suspected to have been laced with poison before taking her to his house. The prosecution told the court that the minor lost consciousness during the ordeal, and upon regaining awareness, she realised that the accused was still defiling her,” stated the ODPP.

Her cries later attracted the attention of a passerby, who raised an alarm, prompting family members to respond.

Testifying in court, the victim’s sister said she was among those who rushed to the scene and found the accused with the child. She told the court she managed to rescue her sister and positively identify the suspect.

The minor was rushed to a hospital for treatment, and a medical report produced in court confirmed injuries consistent with defilement.

Mwai was arrested shortly after the incident as members of the public attempted to apprehend him.

In his defence, the accused denied the charges, but the court rejected his account as “unbelievable” after he claimed to have been  “playing with the child when her sister burst into the house”.

Magistrate Ogolla noted that the testimonies of the victim, her sister, and other witnesses were consistent, detailed, and supported by a medical report confirming injuries consistent with defilement.

In her judgment, Magistrate Ogolla said the prosecution had proved its case beyond a reasonable doubt, noting that the evidence presented was credible, consistent and corroborated. She added that the conduct of the accused placed the life of the minor at risk.

“This court is cognizant of the rising cases of sexual offences, and this conviction sends a clear message that the law takes crimes against minors very seriously, and offenders will face stringent penalties,” observed Ogolla.