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21-year-old man faces defilement charges after marrying 16-year-old

By Joseph Ndunda December 1st, 2023 1 min read

A 21-year-old man, Simon Mutuli Mwaka, is facing defilement charges under section 8 (1) (4) of the Sexual Offences Act (SOA) of 2006 after marrying a 16-year-old girl, referred to as MKK, in Nairobi.

The accused, a mason by profession, was arrested at his house in Tassia estate within Embakasi on November 26.

In addition to the defilement charges, Mwaka is also accused of committing an indecent act with a minor, a violation of section 11 (1) of the SOA.

The charge alleges that he intentionally and unlawfully touched the minor’s private parts on the same date.

Mwaka and the minor were discovered together in his house on November 27 during a night arrest.

They were subsequently taken to Mama Lucy Kibaki Hospital in Embakasi for medical examination, where it was confirmed that the minor had been defiled.

Police investigations revealed that Mwaka had been in communication with MKK through her mother’s phone, and the mother was aware of their relationship. MKK, after completing primary school last year, decided to marry Mwaka as she was not enrolled in secondary school. They traveled together from Kitui to Nairobi.

Upon their arrival in Nairobi, Mwaka contacted MKK’s mother, informing her that they were living together as husband and wife. MKK confirmed the same to her mother.

The mother reported the situation to MKK’s father, who then informed the area chief. An administrator visited Mwaka’s parents, confirming that he had left with the minor.

The minor’s father reported the case at Tassia police post, leading to the suspect’s arrest.

In court, Mwaka claimed that MKK was ready to withdraw the charges, but it was clarified that, as a child, she could not withdraw them. Mwaka pleaded not guilty and was released on a surety bond of Sh150,000.