Editor's Review

The court convicted Ali Hussein Kutu of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

Principal Magistrate Peter Wasike has sentenced a 19-year-old boy in Lamu to life after defiling a nine-year-old boy at a primary school.

In a ruling delivered on Thursday, October 8,  Wasike convicted Ali Hussein Kutu for defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

According to the Director of Public Prosecutions (DPP), the prosecution called five witnesses and proved that on 3rd October 2025, at “A” Primary School in Langoni Location, Lamu Central Sub-County, Kutu intentionally and unlawfully sodomised the child.

The DPP urged the court to impose a deterrent sentence, stating that the crime committed on the child had a lasting psychological impact.

"The court relied on the child’s testimony and medical evidence. The magistrate found that the prosecution had proved the three core ingredients of the offence, namely the victim, the act and the perpetrator, beyond reasonable doubt," the statement read.

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A file photo of the ODPP offices.

The DPP said the court rejected Kutu’s defence that he had been framed, finding no apparent reason for the child to falsely implicate him.

The court also considered the victim impact statement and pre-sentence report, which indicated that the child suffered trauma and nightmares following the incident and was subsequently transferred to another school for his safety.

Wasike held that although Kutu was a first-time and youthful offender with a positive school record, the court held that his circumstances could not alter the sentence prescribed by law for defilement of a child aged 11 years or below.

The Principal Magistrate granted the accused, who has been in custody since October 15, 2025,  14 days to appeal the judgment.

Earlier, the DPP approved murder charges against five suspects accused of killing lawyer Mathew Kyalo Mbolu.

The five include politician Rose Mbithe Mulwa, her two children, Chris Mulwa and Angela Mulwa, and police constables Julius Kipkoech Cheruiyot and Kennedy Kipkemei Borboroi.

The two police constables appeared before Justice Diana Kavedza at the High Court in Kibera on Thursday, October 8, 2026, where the court issued new directives concerning their case.