A Malindi court has sentenced Justin Karisa Thoya to 30 years in prison for defiling a seven-year-old boy, after finding that the prosecution had proved the offence beyond reasonable doubt.
Malindi Resident Magistrate Eva Mirriam Adhiambo convicted Thoya of defilement contrary to Section 8(1), as read with Section 8(2), of the Sexual Offences Act, following an incident reported to have occurred on June 14, 2025, in the Jacaranda area of Malindi Sub-county, Kilifi County.
The Office of the Director of Public Prosecutions (ODPP) said the court found that Thoya intentionally and unlawfully defiled the child. The court also granted him 14 days to appeal against both his conviction and sentence.
The prosecution, led by Prosecution Counsel Ahmed Omar, called four witnesses to support its case, including the child's mother, a medical officer and the investigating officer.
According to the evidence presented in court, the boy had gone out to graze when Thoya allegedly asked him to help look for another cow in the bushes.
The child told the court that he followed Thoya into the bushes, where the offence occurred. He further testified that Thoya threatened him against disclosing what had happened, warning him of the consequences if he told anyone.
The boy later gathered the courage to tell his mother about the incident, prompting her to take him to hospital for medical attention.
His mother testified that the child had told her he was defiled at the grazing grounds in the bushes. She took him to hospital, where he was examined and treated.
A medical officer who examined the boy told the court that he had been brought in by his parents after reporting the defilement. The examination revealed that the child's anus was swollen and painful, with the medic concluding that there was evidence of anal penetration.
The investigating officer also presented the child's birth certificate to establish his age at the time of the offence.
In her judgment, Magistrate Adhiambo said the prosecution had established the three key elements of the case: the age of the complainant, the identification of the perpetrator and penetration.
"I am satisfied that the prosecution has proved beyond reasonable doubt that the accused person defiled the complainant," the magistrate ruled.
The court subsequently convicted Thoya and sentenced him to 30 years' imprisonment.
The case also involved an eight-month period during which Thoya had jumped bail, according to the ODPP.
Detectives from the Directorate of Criminal Investigations (DCI) in Malindi, working alongside officers from Kizingo Police Station, tracked him to Hindi in Lamu County, where he was re-arrested.
Following his arrest, the court cancelled his bond and the trial proceeded to its conclusion.
The sentence follows the prosecution's successful presentation of evidence establishing the offence to the required legal standard. Thoya has 14 days to challenge the conviction and sentence through an appeal.
