The sentencing was handed down by Kilifi Principal Magistrate Ivy Wasike on November 8.
In addition to the life sentence, Muriithi was fined Sh90 million or an additional 110 years in prison for possession of child pornography.
The court found him guilty of trafficking in persons for sexual exploitation.
The Office of the Director of Public Prosecution presented evidence detailing how Muriithi, who managed a football team of underage players, would recruit young boys and offer financial support to their families to silence them.
The heinous acts were committed between 2022 and 2023 in the Mwembe Tayari area of Malindi sub-county.
The conviction and sentencing mark a significant victory in the fight against child sexual abuse.
The case highlights the importance of reporting such crimes and the need for stringent measures to protect children.
The accused has 14 days to appeal the verdict.
Overview of Kenyan Laws on Sexual Offences Involving Minors
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.
Age of Consent and Defilement
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.
Defilement Penalties
- 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.
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