A 79-year-old man has been sentenced to 10 years in prison after being convicted of committing an indecent act against a 14-year-old autistic child in Mukurwe-ini, Nyeri County.
John Mwangi Thuku was sentenced at the Mukurwe-ini Law Courts after the court found that the prosecution had proved the case against him beyond reasonable doubt. The case was prosecuted by Principal Prosecution Counsel Elizabeth Waruguru and Prosecution Counsel Sarah Kitui.
The incident occurred on May 1, 2025, after the child reportedly wandered away from her home.
According to evidence presented in court, the girl’s mother began searching for her and eventually found her at Thuku’s compound. The prosecution said the mother witnessed Thuku engaging in inappropriate sexual conduct involving the child and raised an alarm, attracting neighbours to the scene.
Thuku had initially been charged with attempted defilement under Section 9(1), read together with Section 9(2) of Kenya’s Sexual Offences Act. He also faced an alternative charge of committing an indecent act with a child under Section 11(1) of the Act.
Court considers evidence
The prosecution called seven witnesses during the trial.
A central challenge in the case was that the victim was unable to testify in the conventional manner. The court was informed that the child was autistic and unable to communicate through speech, writing or drawing.
Despite this, Magistrate Agade Savai Eddah found that the prosecution had presented sufficient corroborating evidence to establish Thuku’s identity and conduct beyond reasonable doubt. The court subsequently convicted him on the alternative charge of committing an indecent act with a child.
The conviction was entered under Section 11 of the Sexual Offences Act, following the court’s exercise of its powers under Section 179 of the Criminal Procedure Code.
Ten-year prison sentence
The court sentenced Thuku to 10 years in prison.
Kenya’s Sexual Offences Act provides a minimum sentence of 10 years for a person convicted of committing an indecent act with a child. The Judiciary has previously noted that the provision makes the minimum sentence mandatory upon conviction.
The case also highlights the difficulties faced by the justice system when dealing with vulnerable child victims who may be unable to communicate or give conventional testimony.
The court’s decision demonstrates that the inability of a child to testify directly does not necessarily prevent a prosecution from proceeding where other evidence is sufficient to establish the accused’s guilt beyond reasonable doubt.
The conviction brings to an end a case that began more than a year ago and underscores the importance of protecting children with disabilities from sexual abuse and ensuring that their circumstances do not prevent access to justice.
