The offences were committed between 2022 and 2033 around the Mwembe Tayari area, in the Malindi sub-county
A former football coach is set to spend the rest of his life in prison after the Director of Public Prosecutions (DPP) successfully tabled evidence in a Kilifi court implicating him in the defilement of young boys under his care.
Further to the life imprisonment sentence, the suspect, namely Peter Muriithi was fined Ksh90 million or in default serve an extra 110 years in prison.
Muriithi was accused of child pornography, being in possession of videos with obscene images of a minor aged 11 years and trafficking in persons for the purposes of exploiting them sexually contrary to Section 3(1) as read with Section 3(5) of the counter-trafficking persons Act No. 8 of 2010.
Kilifi Principal Magistrate Ivy Wasike sentenced the coach after he was found guilty of defiling the minors who had been under his care as their coach.
Image of a court gavel. /VIRAL TEA KE
“The prosecution detailed to the court how the accused, who managed a football team consisting of players under the age of 15, would recruit the minors and offer their families financial support as a way of buying their silence for his actions,” the ODPP revealed in a statement.
The offences were committed between 2022 and 2033 around the Mwembe Tayari area, in the Malindi sub-county. Muriithi was however allocated 14 days to appeal against the sentence.
Kenya has established a comprehensive legal framework aimed at protecting minors from sexual offences, primarily governed by the Sexual Offences Act, No. 3 of 2006.
This legislation outlines various sexual offences and stipulates the legal implications for those who exploit minors sexually.
In Kenya, the minimum age of consent for sexual activity is set at 18 years. This means that any sexual act involving a person below this age is classified as defilement, which is treated as a strict liability offence.
The law does not recognise the concept of consent when it comes to minors; therefore, even if a minor appears to consent to sexual activity, such acts are deemed illegal.
The penalties for defilement vary based on the age of the victim:
- Children aged 11 years and below: Life imprisonment.
- Children aged 12 to 15 years: A minimum of 20 years imprisonment.
- Children aged 16 to 18 years: A minimum of 15 years imprisonment
This stringent approach aims to deter potential offenders and protect vulnerable children from exploitation.
Kenyan courts have consistently upheld the principle that minors cannot consent to sexual activities.
For instance, in notable cases like Bonu vs. Republic (2010) and Republic vs. Stephen Irungu Mutire (2011), it was affirmed that any sexual intercourse with individuals under 18 constitutes an offence, regardless of any perceived consent.
However, there are ongoing discussions about how these laws apply to consensual relationships among adolescents close in age.
Though not new, cases of defilement have been on the rise in the country in recent months, sparking concern about how easily adults can take advantage of children at their mercy.
