A 39-year-old boda boda rider has been handed a 40-year prison sentence for defiling his 8-year-old relative in the Mikanjuni area of Jomvu Sub-county, Mombasa County.
The ruling was done by Senior Resident Magistrate David Odhiambo, who presided over the case. The magistrate concluded that the prosecution through PC Barbara Sombo proved beyond reasonable doubt the three critical elements of the case: the age of the minor, the act of penetration, and the positive identification of the accused in relation to the defilement.
"Mwarabu Omar Pato was convicted by Senior Resident Magistrate David Odhiambo, who ruled that the prosecution, through PC Barbara Sombo, had proven its case beyond reasonable doubt by proving the three ingredients of the age of the minor, penetration, and positive identification of the accused in the defilement case.," the ODPP statement read in part.
A 39-year-old Mombasa bodaboda rider will serve 40 years in prison for defiling his relative aged 8 years.
Mwarabu Omar Pato was convicted by Senior Resident Magistrate David Odhiambo, who ruled that the prosecution, through PC Barbara Sombo, had proven its case beyond…— Office of The Director Of Public Prosecutions (@ODPP_KE) September 26, 2023
Magistrate Odhiambo further underscored the irrefutable nature of the evidence and the testimonies provided by the prosecution witnesses. These included crucial documents such as the Post-Rape Care (PRC) and P3 forms, which unequivocally confirmed the defilement of the young victim.
The appalling offence took place on November 14, 2022, in the Mikanjuni area of Jomvu Sub-county, Mombasa County.
