A 39-year-old Mombasa bodaboda rider will serve 40 years in prison for defiling his relative aged eight years.
Mwarabu Omar Pato was found guilty of defiling the child on November 14, 2022, in the Mikanjuni area of Jomvu Sub-county within Mombasa County.
He was convicted by Senior Resident Magistrate David Odhiambo, who ruled that the prosecution, through PC Barbara Sombo, had proven its case beyond reasonable doubt.
The court said the prosecution had proven the three ingredients of the age of the minor, penetration, and positive identification of the accused in the defilement case.
Odhiambo also ruled that the evidence and testimonies of the prosecution witnesses were irrefutable, including the Post-Rape Care (PRC) and P3 forms, which showed that the complainant was indeed defiled.
The law defines defilement as an act which causes penetration with a child.
Under the Sexual Offences Act, Section 8 (2) states that "person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life".
In sentencing, however, courts are at the discretion to decide the terms of imprisonment guided by the law, in order to achieve the sentencing objectives.
The sentence meted out should be proportionate to the offence and not be more or less than merited in view of the crime's gravity.
According to the Sentencing Policy Guidelines, the discretion is set to address the disparities in sentencing.
There are principles to be observed when passing a judgment, including ensuring that the sentence shows respect for Human Rights and Fundamental Freedoms.
In its discretion, a court should also adhere to domestic and international law with due regard to recognised international and regional standards on sentencing.
In the last year, boda boda riders have been implicated in various crimes including sexual assault and being part of criminal gangs.
In early March 2022, a group of riders were arrested for allegations of sexually assaulting a female motorist along Mathai Wangari Road, Nairobi.
They were however acquitted for lack of evidence.
The riders had been arrested after the attack which took place in broad daylight.
In a video posted on social media, the young woman was seen screaming in self-defence behind the wheel of her car as a group of men tried to strip her naked and touch her.
