Mombasa, Kenya – The Office of the Director of Public Prosecutions (ODPP) has secured a 20-year prison sentence for Al Haji Majaliwa, a 21-year-old man convicted of repeatedly defiling a 14-year-old girl in Likoni Sub-County.
The sentence was delivered by Senior Resident Magistrate David Odhiambo at the Mombasa Law Courts, who found the prosecution’s case, led by Principal Prosecution Counsel Barbara Sombo, to be proven beyond reasonable doubt.
Court Findings
Magistrate Odhiambo ruled that the prosecution had successfully established the three critical elements of the case:
- The fact of penetration
- The minor’s age
- The identity of the perpetrator
“The accused failed to dislodge himself from the prosecution’s case, which remained on a high pedestal, when put to his defence under Section 211 of the Criminal Procedure Code,” Odhiambo stated in his ruling.
Majaliwa faced charges under Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
Case Background
Court records indicate that the offences occurred between January 1 and March 2, 2024, in the Mwananguvuze area, where the accused engaged in sexual relations with the minor, fully aware that she was underage.
The court heard that the girl had left her home following a disagreement with her parents and went to live with Majaliwa, whom she described as her boyfriend. She stayed with him for several days, during which the sexual acts took place.
Evidence Presented
The prosecution presented four witnesses, whose testimonies were corroborated by medical evidence.
- A clinical officer from Likoni Sub-County Hospital testified that a medical examination revealed a broken hymen and injuries consistent with sexual penetration.
- Further medical evidence showed the minor had been treated for sexually transmitted infections and a urinary tract infection.
- Medical treatment notes, a post-rape care form, and a P3 form were admitted as exhibits in court.
- An investigating officer confirmed that the accused had been living with the minor as “husband and wife” prior to his arrest.
Conclusion
The conviction and sentencing underscore the judiciary’s commitment to enforcing the Sexual Offences Act and protecting minors from exploitation. The ODPP has reiterated its resolve to pursue justice for victims of sexual violence, ensuring perpetrators face the full force of the law.
