Man jailed for 40 years for defiling 12-year-old mentally challenged cousin

A 36-year-old man from Dayate Village in Tana River County has been sentenced to 40 years' imprisonment for repeatedly defiling his 12-year-old, mentally challenged cousin.

Suleiman Ware Galgalo was convicted by Hola Senior Principal Magistrate Edward Too of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006.

The court heard that the incidents occurred on diverse dates in March 2025 at the victim’s home in Tana River Sub-County.

The prosecution, led by Mr Shadrack Kagema Nderitu, told the court that Galgalo took advantage of his relationship with the family.

He would allegedly sneak into the minor’s house at night whenever she was alone, defile her, and then threaten to kill her if she disclosed what was happening.

The matter came to light when the minor’s mother noticed changes in her daughter’s behaviour and reported the matter to village elders.

The prosecution presented five witnesses who testified, with the court hailing their testimony as overwhelming.

They included the 12-year-old victim, her mother, a psychiatric clinical officer from Hola County Referral Hospital, a clinical officer, and the investigating officer.

To prove the victim’s age and vulnerability, the prosecution tabled her birth certificate and a psychiatric report confirming that the minor has a mental disability and functions below her age.

A P3 form and treatment notes produced in court indicated that the minor had been examined and treated for injuries consistent with sexual assault.

In his judgement, Too said the prosecution had proved its case to the required standard and beyond reasonable doubt.

“The evidence of the minor was clear, consistent, and corroborated by medical evidence. The accused’s alibi that he was elsewhere does not hold any water and is hereby dismissed,” the magistrate ruled.

While passing the sentence, the court noted that Section 8(3) of the Sexual Offences Act provides for a minimum of 20 years where the victim is aged between 11 and 15 years.

However, the court considered the aggravating factors, the victim’s age, her mental disability, and the breach of trust by a relative and imposed 40 years.

“The law must protect the most vulnerable in our society. Children with disabilities deserve special protection," Too said.

The court further ordered that the minor be provided psychosocial support services and placed under the Victim Protection Program.

The convict was granted 14 days to exercise his right to appeal against both the conviction and sentence.