A taxi driver who forced a 13-year-old minor to perform oral sex on him has been sentenced to ten years of imprisonment.
Shanzu Senior Resident Magistrate, David Odhiambo said that the prosecution had proved its case against Fredrick Mungai Njenga beyond any reasonable doubt that the accused committed the offence of indecent act contrary to section 11(1) of the sexual offences Act.
"Accordingly, I find him guilty of the same and convict him under Section 215 of the Criminal Procedure Code," he said.
Odhiambo in his judgment stated that it was the testimony of PW1 (victim) as repeated by all the witnesses that the accused who picked him up from school stopped a few metres from their house and forced him into oral sex.
The minor told the court that fearing that he might be attacked, he cooperated and when he lifted his head he saw his aunt approaching. The accused then started the motor vehicle and moved towards their house.
"There is no difficulty in finding that the fact that the accused caused his penis to come into contact with the mouth of the complainant, clearly amounted to an indecent act as defined being the
unlawful and intentional act causing contact between any part of the body of a person with the genital organs of another," the magistrate read.
The magistrate noted that the victim aged 13 years old at the time of the offence was clear and consistent in his testimony.
"I have considered the defence by the accused and found that the same didn’t dislodge the prosecution case. In fact, there was a contradiction in the defence testimony. While the accused
stated that there was no argument between him and the aunt of the complainant regarding
payment," he said.
In his defence the suspect had informed the court that there, was an argument between the accused and the aunt of the complainant that had led to the charges being framed against him.
The accused has been charged with committing an indecent act with a child contrary to Section 11(1) of the Sexual Offences Act, 2006.
The particulars are that on 15th July 2019 at the Bombolulu area in Kisauni Sub-county within Mombasa County, the accused intentionally and unlawfully caused his penis to be sucked by a boy aged 13 years old.
He was allowed 14 days to appeal his sentence.
