Inside the evidence that led to a life sentence in the Kibarani defilement case

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A Mombasa court has sentenced Jonathan Mutuku to life imprisonment after finding him guilty of defiling and sexually assaulting three school-going girls in Kibarani, Mikindani area of Jomvu Sub-County.

Resident Magistrate Green Odera on Monday convicted the man in his 40s on two counts of defilement contrary to Section 8(1) as read with Sections 8(2), 8(3) and 8(4) of the Sexual Offences Act, No. 3 of 2006.

Jonathan Mutuku was also found guilty of committing an indecent act with a child under Section 11(1) and one count of sexual assault contrary to Section 5(1)(a)(i) as read with Section 5(2) of the Act.

The offences were committed on September 26, 2023, and involved two girls aged eight and nine, and a third eight-year-old child.

The prosecution, led by Principal Prosecution Counsel Ms Purity Musembi on behalf of the Director of Public Prosecutions, called eight witnesses. They included the three minors, a clinical officer and the investigating officer.

The court heard that medical evidence, including P3 and PRC forms, corroborated the children’s testimony and confirmed injuries consistent with sexual assault.

In his judgment, Mr Odera found the minors’ accounts consistent and credible. He ruled that their testimony was free from malice and aligned with the medical findings presented in court.

The accused’s defence was dismissed as a mere denial that failed to displace the prosecution’s case. The court held that the charges had been proved beyond reasonable doubt.

Upon conviction, the court imposed a life sentence, the maximum penalty prescribed by law for the offences proved. Mutuku was granted 14 days to appeal both the conviction and the sentence.

The ruling sends a strong signal that courts will not hesitate to impose the harshest penalties where evidence establishes sexual offences against children.

It further reinforces the legal protection afforded to minors under the Sexual Offences Act.