A 32-year-old man has been charged before a Mombasa court with allegedly defiling an 11-year-old boy in the Kizingo area of Mvita Sub-County.
Nabil Farid Swaleh appeared before Senior Resident Magistrate Gladys Olimo, where he denied the charges of defilement and an alternative count of committing an indecent act with a child.
The prosecution alleged that Swaleh intentionally and unlawfully defiled the minor on October 21, 2026, in Kizingo, Mombasa County.
He was charged with defilement contrary to Section 8(1), as read with Section 8(3) of the Sexual Offences Act, No. 3 of 2006.
In the alternative, Swaleh faces a charge of committing an indecent act with a child contrary to Section 11(1) of the same Act.
The alternative charge alleges that on the same date and at the same location, the accused intentionally and unlawfully touched the child's private parts.
Swaleh pleaded not guilty to both counts when the charges were read to him before the court.
Following the plea, Assistant Director of Public Prosecutions Brenda Ogada opposed his release on bond, asking the court to first obtain a pre-bail report to guide its decision.
Ogada told the court that there was considerable public anger directed at the accused and urged the magistrate to consider the seriousness of the allegations and the safety of the minor before determining whether he should be released.
The prosecution's objection placed the question of the accused's pretrial release before the court, with the safety and welfare of the child among the concerns raised.
Senior Resident Magistrate Olimo subsequently directed that Swaleh remain in police custody pending the determination of the bond application.
The court scheduled its ruling on the application for October 26, 2026.
The ruling will determine whether the accused can be released on bond as the case proceeds or whether he will remain in custody pending further court proceedings.
Under Kenyan law, an accused person is presumed innocent until proven guilty. The allegations against Swaleh remain subject to the judicial process, and the court will consider the relevant circumstances before making further decisions on his release.
The case comes amid continued efforts by law enforcement agencies and prosecutors to pursue cases involving alleged sexual offences against children, with the protection of minors remaining a key consideration in the administration of justice.
The next court appearance is expected to address the bond application, with further proceedings to follow in accordance with the court's directions.
