According to the Office Of The Director of Public Prosecutions (ODPP), the man defiled the girl on diverse dates between July 1, 2023, and September 12, 2024, at the Café area in Likoni.
The prosecution, led by Counsel Barbara Sombo, lined up six witnesses including the minor who testified that the accused gave her sweets to lure her to his house. She added that her brother would be given a bicycle to ride to distract him from arousing suspicion.
According to the minor, the accused also committed the offence on several occasions within a bushy area.
Testifying in court, the girl’s mother said a neighbour informed her of the occurrence which prompted her to take the child to the hospital, where she completed medical documents including a P3 form and post-rape care form.
A clinical officer who examined the minor testified in court that the child had a broken hymen with a healing scar and injuries around the anal area, which indicated penetration and presented laboratory test results that showed the child had infections.
In his defence, the accused denied the charges and claimed that he only knew the minor because they were neighbours.
After reviewing the evidence, Mombasa Senior Resident Magistrate David Odhiambo ruled that the prosecution had proved beyond a reasonable doubt that the accused committed the offence.
The court granted the accused 14 days to appeal against the sentence and conviction.
