79-YEAR-OLD MAN SENTENCED TO 10 YEARS FOR INDECENT ACT AGAINST AUTISTIC CHILD

John Mwangi Thuku was sentenced by Mukurwe-ini Law Courts Magistrate Hon. Agade Savai Eddah after the court found him guilty of committing an indecent act with a child, contrary to Section 11(1) of the Sexual Offences Act.

Thuku had initially faced a charge of attempted defilement under Section 9(1) as read with Section 9(2) of the Sexual Offences Act, alongside an alternative charge of committing an indecent act with a child.

The case originated on May 1, 2025, after the 14-year-old child wandered away from her home. Her mother launched a search and eventually found the child at Thuku's compound, where she witnessed the accused engaging in inappropriate sexual conduct involving the child.The mother raised an alarm, attracting neighbours to the scene.

The prosecution, led by Principal Prosecution Counsel Elizabeth Waruguru and Prosecution Counsel Sarah Kitui, presented seven witnesses who gave evidence concerning statements made by Thuku following the incident.

The court found the evidence presented by the prosecution sufficiently corroborative and concluded that the accused's identification and conduct had been established beyond reasonable doubt.

In delivering the judgment, Magistrate Agade noted that the child was autistic and was unable to speak, write or draw. Although the child was therefore unable to testify before the court, the magistrate found that the prosecution had provided sufficient evidence to prove the alternative charge.

Thuku was consequently convicted on the alternative charge under Section 179 of the Criminal Procedure Code and Section 11 of the Sexual Offences Act.
The court then sentenced him to 10 years in prison.