21-year-old man handed 20-year jail term for defiling 14-year-old girl

Al Haji Majaliwa was sentenced by Mombasa Law Court Senior Resident Magistrate David Odhiambo, who found the prosecution’s case, presented by Principal Prosecution Counsel Barbara Sombo, to be proven beyond any reasonable doubt.

The magistrate ruled that the prosecution successfully established the fact of penetration, the minor’s age, and the identity of the perpetrator.

“The accused failed to dislodge himself from the prosecution’s case, which remained on a high pedestal, when put to his defence under Section 211 of the Criminal Procedure Code,” Odhiambo stated in his ruling.

Majaliwa faced charges under Section 8(1) as read with Section 8(3) of the Sexual Offences Act. Court records indicate the offences occurred between January 1 and March 2, 2024, in the Mwananguvuze area, where the accused engaged in sexual relations with the minor, knowing she was underage.

During the trial, the court heard that the minor had left her home following a disagreement with her parents and went to live with the convict, whom she described as her boyfriend. 

She stayed with him for several days, during which the sexual acts took place.

The prosecution presented four witnesses, whose testimonies were corroborated by medical evidence. 

A clinical officer from Likoni Sub-County Hospital testified that a medical examination revealed a broken hymen and injuries consistent with sexual penetration.

Further medical evidence showed the minor was treated for sexually transmitted infections and a urinary tract infection. Medical treatment notes, a post-rape care form, and a P3 form were admitted as exhibits in court.

An investigating officer also testified, confirming that the accused had been living with the minor as husband and wife prior to his arrest.