Lamu learner jailed for life over defilement of Grade 3 pupil

By  Kalume Kazungu

Correspondent

Nation Media Group

A19-year-old learner has been sentenced to life imprisonment by the court in Lamu after he was found guilty of defiling a nine-year-old boy at their school.

The Lamu Principal Magistrate convicted Ali Hussein Kutu of defilement contrary to the Sexual Offences Act of 2006, following a full trial in which the prosecution called five witnesses.

According to the prosecution, on October 3, 2025, at “A” Primary School in Langoni Location, Lamu Central sub-County, Kutu intentionally and unlawfully defiled the child.

The 19-year-old was a Grade 9 Junior Secondary School learner while the nine-year-old was in Grade 3 at the same school.

In urging the court to impose a deterrent sentence, the prosecution highlighted the lasting psychological impact of the offence on the minor.

The court relied on the child’s testimony and medical evidence, which showed the act caused severe harm to the victim.

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

“I find that there are no evident personal differences or grudges or any reason to fix the accused. The court believes the minor PW2 entirely. The accused defense is a mere denial and is safely disregarded,” the ruling stated.

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.

It found that the main count of defilement was proved to the standard of beyond reasonable doubt and the accused was found guilty and convicted.

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.

It explained that a person who commits an offence of defilement with a child aged eleven years or less shall, upon conviction, be sentenced to imprisonment for life.

“The accused, therefore, is sentenced to serve imprisonment for life as prescribed under section 8(1) as read with section 8(2) of the Sexual Offenses Act no. 3 of 2006. He is sentenced to imprisonment for life. I make no finding on the alternative count,” added the ruling.

Kutu, who had been in custody since October 15, 2025, was granted 14 days to appeal.

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