A Homa Bay court has remanded four high school boys after they denied a charge of gang defilement involving a 17-year-old girl, setting the stage for a trial later this month over allegations linked to an incident in Rangwe Sub-county.
The four minors were arraigned on Thursday before Chief Magistrate Mary Immaculate Gwaro, where they pleaded not guilty to gang defilement contrary to Section 10 of the Sexual Offences Act No. 3 of 2006.
According to the prosecution, the alleged offence was committed on July 30, 2026, in Rangwe Sub-county, Homa Bay County. The Director of Public Prosecutions alleges that the four accused acted together and in turns in committing the offence against the teenager.
The charge sheet presented in court states:
"On July 30, 2026, in Rangwe Sub County within Homa Bay County, the accused, jointly and in turns, intentionally and unlawfully defiled the victim."
After taking their pleas, the court ordered that the four boys be remanded at the Homa Bay Child Protection Unit pending the hearing and determination of the case.
The matter is scheduled to proceed on August 22, 2026, when the prosecution is expected to begin calling witnesses and presenting evidence in support of the charge.
The Director of Public Prosecutions said the State will seek to prove the charge during the trial. The prosecution is being led by Counsel Jacinta Moenga.
Because all the accused are minors, the proceedings will continue under the legal protections that apply to children in conflict with the law. Kenyan law also protects the identities of both child victims and child accused persons in criminal proceedings.
Gang defilement is an offence under Section 10 of the Sexual Offences Act No. 3 of 2006. The law provides that the offence involves two or more people acting together in the commission of defilement and carries severe penalties upon conviction.
The case now moves to the trial stage, where the prosecution will be required to present evidence in support of the charge, while the accused will have an opportunity to challenge the allegations before the court makes its determination.
The four minors remain presumed innocent unless and until they are found guilty by the court. The proceedings are expected to continue before the Homa Bay Chief Magistrate's Court, with the prosecution set to open its case on August 22.