In a defilement case going on in Mombasa, the court has ruled that the suspect, Charles Onderi, has a case to answer.
The incident had on April 30 last year happened at Senti kumi area in Likoni, Mombasa, where the suspect was accused of allegedly defiling a 17-year-old minor inside his vehicle while parked outside a petrol station.
The suspect first appeared before Mombasa Senior Resident Magistrate Rita Orora and pleaded not guilty to the charges.
During the plea taking, the court was informed that Onderi had lured the minor while armed with a gun and threatened her that he was an officer from the Directorate of Criminal Investigations (DCI) and no one would question his actions provided the victim knew how to keep a secret.
The court also heard that moments before he defiled the minor, the accused fueled his car, paid for the fuel, and later moved from the fuelling area to the parking lot within the filling station.
The court was told that Onderi was arrested following a public outcry after he attempted to interfere with investigations by offering Ksh50,000 to the minor's mother to have the matter settled outside the court.
“Moments before defiling the minor he removed his gun and threatened to kill her in case she did not cooperate. After defiling her, he opened the door and asked her to leave after offering her Ksh.300,” part of the police statement read.
The court further heard that Onderi had lured the victim alongside her sister into his car. The duo claimed that he had requested them to help him clean a room where he was set to open another business. However, moments after their arrival, he left with the victim to the scene of the crime.
The charges read that on April 30 this year at a fuel filling station next to the Ferry Centre in Likoni sub-county within Mombasa County, the suspect intentionally and unlawfully defiled LC, a child aged 17 years.
Onderi was further slapped with a second count of committing an indecent act with a child.
The suspect was released on a bond of Ksh200,000 with one similar surety.
The ruling delivered on September 30, this year by Mombasa Senior Resident Magistrate David Odhiambo, came after thorough deliberation on the evidence presented by the prosecution.
The prosecution, led by Principal Prosecution Counsel Barbara Sombo, expressed satisfaction with the court’s decision, underscoring the importance of accountability and justice for the victims of the heinous act.
The court has scheduled the hearing for December 1, 2025, where Onderi will have the opportunity to present his case, including calling witnesses.
Early this month, another another suspect was sentenced to a life imprisonment after he was found guilty of defiling a six-year-old girl in Likoni.
Paul Kilonzo Muthami was convicted of defilement contrary to Section 8(1), as read with Section 8(2) of the Sexual Offences Act, No. 3 of 2006.
Muthami also faced an alternative charge of committing an indecent act with a child, contrary to Section 11(1) of the same law.“The DPP, through Prosecution Counsel Purity Musembi, presented compelling evidence that Muthami lured the minor into his house under the pretext of watching television before committing the offence on November 6, 2022, at Kiwerera area in Likoni Sub-County.
"The prosecution called five witnesses whose corroborating testimonies placed the accused at the centre of the crime.
In his ruling, Resident Magistrate Hon. Green Odera emphasized the severity of the crime, stating, “The testimonies of the prosecution witnesses were consistent and credible. The accused took advantage of the victim’s innocence and violated her in the most inhumane manner.”
In sentencing Muthami, the court underscored the seriousness of sexual offences against children, noting that such punishment would serve as a deterrent to others at a time when cases of defilement remain alarmingly high in the country.
The Office of the Director of Public Prosecutions (ODPP) reaffirmed its commitment to safeguarding the rights of children and ensuring justice for victims of sexual and gender-based violence.
