By Grace Gilo
Mselem Issa Mohamed, a 45-year-old boda boda rider from Lamu, has been sentenced to life imprisonment for the defilement of a 10-year-old boy.
He was found guilty of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act no 3 of 2006.
According to the Office of the Director of Public Prosecutions (ODPP), the crime occurred on December 14, 2024, at approximately 3:00 PM in the Kibokonl area of Hindi, within Lamu Central sub-county.
The accused intentionally and unlawfully lured the minor into nearby bushes while riding a motorcycle and defiled him.
“The court heard that on 14th December 2024 at around 3:00 pm, the accused lured the minor into nearby bushes while riding a motorcycle and defiled him,” stated the ODPP.
“He threatened the minor not to speak about the incident before fleeing the scene. Two days later, the child reported the matter to a trusted individual who in turn informed the parents, who went to report the incident at Hindi Police Station,” added the ODPP.
The victim was then taken to Hindi Magogoni Dispensary for a medical examination, where it was confirmed that he had been defiled.
National Police Reservists arrested the accused nearly four days after he had gone into hiding.
He was taken to the Hindi Police Station, where the victim positively identified him, despite his denial of the charges. Police also recovered the motorcycle he used to transport the boy to the location of the crime.
“The court ruled that the prosecution, through Prosecution Counsel Mr. Idris Tomno, presented four witnesses and proved the charge of defilement against the accused person,” the ODPP added.
In his defense, Mselem alleged a personal grudge between his family and that of the victim.
During mitigation, he claimed to be the sole breadwinner for his family and pleaded with the court for leniency.
However, Hon. Wasike dismissed the accused’s defense as inconsistent and found him unable to distance himself from the heinous act committed against the minor.
He further ruled that the minor suffered lifetime emotional and psychological trauma due to the heinous act perpetrated by the accused.
Hon. Wasike indicated that the court considered judicial notice of rising cases of sexual offence and that the sentence will serve as a deterrent to others.