A 55-year-old man has been taken to court in Garissa after he was accused of sexually abusing a 13-year-old boy on different dates in Rahole village, Balambala.
The accused appeared before Resident Magistrate Robert Lemayan at the Garissa Law Courts, where he denied two counts of defilement linked to alleged incidents on August 27 and August 29, 2026.
He was charged under Section 8(1)(3) of the Sexual Offences Act No. 3 of 2006. He also faces an alternative charge of committing an indecent act with a child under Section 11(1) of the same law.
Prosecution Counsel Daniel Kariuki told the court that the accused allegedly touched the boy indecently and against his will.
The court heard that the second incident allegedly came to light after the boy's mother found the accused performing an indecent act on her son while he was unconscious on August 29.
The alleged incident took place inside a manyatta where the boy stayed with the goats he herded during the day.
When confronted by the boy's mother, the accused allegedly responded by insulting her.
The mother is said to have given her son first aid before reporting the matter to police the following morning.
The boy was later taken to Balambala Sub-County Hospital, where he was examined and treated.
Police officers visited the alleged scene on September 1 as detectives continued investigating the circumstances surrounding the reported abuse.
According to the prosecution, the accused was arrested and questioned by police, during which he allegedly admitted to committing the offence.
Despite the alleged admission during questioning, he denied the charges when he appeared before the magistrate.
The prosecution opposed his release on bail, raising concerns that he could interfere with witnesses as the case progresses.
The court was told that the accused had allegedly threatened one of the witnesses, although no action had been taken against him over the reported threats.
Prosecutors asked the court to deny him bail and set a date for the pre-trial proceedings.
The case comes as the law provides special protection for children against sexual abuse and criminalises sexual activity involving minors, with penalties depending on the age of the child involved.
Under Kenyan law, children cannot legally consent to sexual activity, meaning allegations involving minors are dealt with under specific provisions of the Sexual Offences Act.
As the case proceeds, the prosecution will be required to present evidence to support the charges, while the accused retains his right to a fair hearing.
The allegations against the man have not yet been tested in a full trial, and he remains presumed innocent unless the prosecution proves the case beyond reasonable doubt.
The matter will be mentioned on September 16, 2026, when the court is expected to issue further directions on the proceedings.