The Director of Public Prosecutions (DPP) has secured a life sentence for a water vendor convicted of defiling a seven-year-old boy in Vivalani village, Lunga Lunga Sub-County, Kwale County.
Athumani Juma was handed the sentence by Senior Principal Magistrate Lucy Kabaria at the Msambweni Law Courts after he was found guilty of defilement under Section 8(1), as read with Section 8(2), of the Sexual Offences Act, 2006.
The offence occurred on June 7, 2025, when the boy, a Grade Two pupil, was playing football. During the trial, the court heard that Juma called the child and attempted to get him to follow him. When the boy refused, Juma allegedly grabbed him and took him to his house, where the offence took place.
The court was further told that Juma threatened the child, warning him against revealing what had happened.
The incident came to light after the boy’s brother and uncle noticed that he was experiencing difficulties controlling his bowel movements. Their concerns prompted them to question him, leading to the disclosure of the abuse.
The matter was subsequently reported at Kikoneni Police Station, after which the child was taken to hospital for medical examination.
Medical evidence presented in court indicated that the boy had lost sphincter muscle strength, a finding consistent with overstretching and penetration. The medical findings formed part of the evidence presented by the prosecution to support the case.
Five witnesses testified during the trial, giving accounts that supported the prosecution’s case against Juma.
In her judgment, Magistrate Kabaria ruled that the prosecution had established its case beyond reasonable doubt. She observed that the child’s testimony remained consistent and was supported by medical evidence and other witness accounts.
Juma had denied the charge, maintaining that he had been framed. However, the court rejected his defence, finding the evidence against him credible.
The magistrate also noted that the child knew Juma as a water vendor in the village, helping establish the accused’s identity and address concerns over whether he was the person responsible for the offence.
Juma was convicted under Section 215 of the Criminal Procedure Code before the court imposed the life sentence.
Following the ruling, he was informed that he had 14 days to appeal against both his conviction and sentence.
The case underscores the role of medical evidence and witness testimony in supporting prosecutions involving sexual offences against children.
