A Malindi court has sentenced a Madrassa teacher to 20 years in prison for stupefying his 15-year-old student before sodomizing him repeatedly.
According to a statement by the Office of the Director of Public Prosecutions (ODPP), Yusuf Charo Dole, 25, who is based in Malindi committed the offence on July 29, 2022, at Mambrui in Magarini sub-county.
“Yusuf Charo Dole was convicted with the offence of defilement contrary to section 8[1] as read with section 8[3] of the sexual offences act No. 3 of 2006,” stated ODPP.
Appearing before Chief Magistrate Elizabeth Usui, the accused was slapped with the sentence after the prosecution proved its case beyond reasonable doubt by providing adequate evidence and witness testimonies.
“In her verdict, Chief Magistrate Hon. Elizabeth Usui ruled the evidence presented by the prosecution was sufficient to support the charge against Dole,” the ODPP stated.
“The Prosecution through prosecution Counsels Kennedy Kirui and Barack Chirchir presented four witnesses whose testimonies and exhibits proved the case against the accused person.”
The court heard that the perpetrator, being the tutor, drugged the minor with a green pill after the latter went to see him following an illness.
The ODPP said the pill made the boy drowsy, after which the tutor took advantage and sodomised him repeatedly as the victim witnessed helplessly.
“The pill made the boy drowsy and the accused took him to another room where he committed the heinous act. Hon. Usiu observed that despite being incapacitated to move, the victim was able to witness the ordeal being meted on him by his religious teacher,” said the ODPP.
“The accused person undressed the minor sodomizing him repeatedly leaving him to writhe in pain and the trauma made him unable to attend classes or talk to anyone for one week.”
When the victim eventually informed a classmate who in turn disclosed the incident to the institution’s management, the ODPP revealed, the tutor disappeared for a week but was arrested after resuming work.
During the ruling, the court dismissed claims by the defence that the institution’s headteacher was framing the tutor due to an existing feud between them.
Dole denied sodomising the teenager but the court ruled that on the fateful day, he was properly identified by the victim and other students.
The ODPP added that medical evidence corroborated the minor’s testimony.
