A 20-year-old man is facing serious statutory rape charges for having sexual relations with his supposed 13-year-old girlfriend.
Simon Mutua Kitili is accused of having carnal knowledge of the minor identified as JMO in court documents in contravention of section 8 (1) as read with section 8 (3) of the Sexual Offences Act (SOA) of 2006.
The accused is facing an alternative count of committing an indecent act with a minor in contravention of section 11 (1) of SOA where he allegedly, intentionally and unlawfully touched the minor’s private parts with his manhood.
Kitili and JMO reportedly began dating after meeting in Umoja estate, Nairobi.
On December 15, the court heard that the minor’s mother returned home to find her daughter missing. Her house help informed her that the girl had been spending hours at an unknown place.
Later, the girl returned but refused to disclose her whereabouts to her mother, prompting her mother to go to the police station for interrogations.
Minor’s Confession to the Police
During police questioning, she opened up and revealed that she had visited her boyfriend, the accused person for intercourse, having gone to his house the previous day for the same reason.
Medics at Mama Lucy Kibaki Hospital confirmed penetration after the girl underwent an examination.
Following identification by the girl on December 16, authorities arrested Kitili and subjected him to interrogation.
The accused person informed the police that the underage teenager solicited sex from him. Apparently, she insisted on visiting his house before they engaged in intercourse.
Mutua Kitili informed the police that the minor had mentioned being involved with other men before him. He claimed she reassured him that he had nothing to fear.
Appearing before Senior Principal Magistrate Mary Njagi at the Makadara Law Courts, Kitili pleaded not guilty to the charges.
The magistrate granted him release on a bond of Sh200,000. The court scheduled the mention of the case for January 15, 2024, to set hearing dates.
