A 70-year-old pastor has been found guilty of sodomizing a 17-year-old minor inside his house.
Mpeketoni Resident Magistrate Pascal Nabwana in his judgment said that the prosecution evidence was well collaborated and strong enough to warrant John Muchine of the Christian Worship International Ministries, to be convicted of sodomizing the minor who is of unsound mind.
"The accused is found guilty of the offence of defilement, contrary to section 8(1) as read with section 8(4)of the sexual offences act number 3 of 2006, the accused is therefore convicted of the same under section 215 of the criminal procedure code(CPC)cap 75 of the laws of Kenya," Nabwana said.
The complainant testified that the accused had sodomized him severally in his house and in the bushes and in all those instances he would ask him to remove his clothes, lie on his stomach, apply anointing oil on his buttocks and then penetrate him.
"Afterwards he would reward him with a Ksh20 coin and threaten him that he would kill him if he told people about it," Nabwana added.
The magistrate noted that the minor in his evidence to the court was collaborated by that of his 10-year-old brother who according to court was a star truthful witness.
The brother said that he always knew and witnessed the sodomy ordeals, but his brother had warned him not to tell anyone.
Nabwana further pointed out that a clinical officer Musyoki Kisulu in his testimony had told the court that injuries seen in the initial examining report represented that of sodomy.
Kisilu told the court that the patient presented a history of sodomy since April 2020, and was in obvious mental distress arising from the incident.
"The minor in his testimony alleged that the accused defiled him severally since April 2020 culminating with the last incidence on January 6, 2021. In one of the incidents, the younger brother witnessed the ordeal which happened inside the pastors' house," Nabwana stated.
The charges were that, on diverse dates of October 2020, and January 16 2021 at Sinambio village Mpeketoni sub-county within Lamu county he intentionally and unlawfully sodomized the minor aged 17 years.
He was further slapped with an additional count of committing an indecent act with a child contrary to section1(1) of the sexual offences act no 3 of 2006.
Muchine further denied defiling a 10-year-old girl who had attended service in his church, on December 5, last year at Sinambio village in Mpeketoni.
In his defence, the court noted that though the accused portrayed himself as a servant of God, he 'supposedly' refused to tender his evidence upon taking an oath.
"One would expect that a minister, properly professing the Christian faith would give testimony under oath, just to underline how serious his defence is but this did not happen," he said.
Muchine will be sentenced on Thursday this week.