Court rejects defiler’s plea that he was just playing with a child

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A Kwale court has dismissed a convicted defiler’s claim that he was merely “playing” with a child, warning that such defenses will not shield offenders from stiff punishment.

In his defense, Jackson Waweru Mwai, alias Kibaki, denied the charges and told the court that he had no intention of harming the 12-year-old girl.

He insisted the incident was innocent.

However, the court found his account was clearly contradicted by witness testimony and medical evidence.

Resident Magistrate Ruth Ogolla sentenced the 20-year-old to 20 years in prison after finding him guilty of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.

He was also convicted on an alternative charge of committing an indecent act with a child under Section 11(1) of the same law.

The offence was committed on March 8, 2025, in Kinango Village, Kinango Sub-County, Kwale County.

Magistrate Ogolla ruled that the prosecution, led by Assistant DPP Orwa Collins, had presented credible, consistent and corroborated evidence linking Mwai to the crime.

She noted that the evidence showed the accused endangered the life of the minor during the incident.

The court heard that Mwai found the child playing with other pupils in a school field before forcefully grabbing her and taking her to his house.

The girl reportedly lost consciousness during the ordeal.

Her cries later attracted the attention of a passer-by, prompting an alarm that drew family members to the scene.

The victim’s sister testified that she found the accused in the act and managed to rescue the child.

The minor was rushed to hospital, where medical examination confirmed injuries consistent with defilement.

Mwai was later arrested as he attempted to flee from an angry crowd.

Dismissing the defence as unbelievable, the magistrate said the testimonies of the victim and other witnesses were detailed and fully supported by medical evidence.

“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,” Magistrate Ogolla said, adding that offenders should expect severe penalties.