The court heard that prosecution witness 1 was a form two student She stated that the accused seduced her and promised her that if she agreed to be his girlfriend then he would pay her school fees and other things she may demand for.
“Prosecution had established a prima facie came against the accused and he was put to his defence under Section 211 of the Criminal Procedure Code. He gave sworn testimony and
called one witnesses.,”read the magistrate.
The magistrate in his judgement observed that the defence by the accused person was not able to dislodge the prosecution case which remained water tight.
“The testimonies of the prosecution witnesses were all cogent, reliable and remained unshaken throughout the trial.,”stated the magistrate. The accused in his defence stated that he asked the complainant to be in a relationship with him after believing that she was not going to school. He stated that the complainant told him that he had applied for an identity card though she hadn’t received and was instead using a waiting card.
” The accused stated that he asked the complainant to prove that she was above 18 years and she told him that she had applied for an ID though it hadn’t come
out yet and she was using a waiting card. The accused didn’t ask to be shown the waiting card. I find that the failure to ask to be shown the waiting card fell short of the steps required as his defence,”
The particulars were that on diverse dates between 3rd July 2020 and 16th November 2020 at Café area in Likoni Sub-county within Mombasa County, the accused unlawfully and intentionally caused his penis to penetrate the anus of Caren Auma a child aged 16 years.
The accused person also faced an alternative charge of committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act.
The particulars were that on diverse dates between 3rd July 2020 and 16th November 2020 at Café area in Likoni Sub-county within Mombasa County, the accused intentionally and unlawfully did an indecent act by touching the vagina a girl aged 16 years old.
The court allowed the suspect 14 days to appeal his sentence
Written By: Bragin Maina