Share
The Office of the Director of Public Prosecutions (ODPP) has secured a 28-year prison sentence against a Deputy Headteacher of a private school in Thika after a court found him guilty of defiling a 13-year-old pupil.
This belief marks a turning point in the case, as it has been a true test of the criminal justice system’s ability to ensure that the case is brought to a successful conclusion despite the efforts of the accused person to evade justice.
Based on the findings of the court, the offender, the accused Mr. John Kamau Wachiuri, committed the crime against the minor in the school compound due to his proximity to the learners.
The prosecution argued that the circumstances of the offense had aggravated the gravity of the offense committed, citing the breach of trust and the vulnerability of the victim.
The ODPP confirmed that the charges were brought under “Section 8(1) as read with Section 8(3) of the Sexual Offences Act,” provisions that criminalise defilement and prescribe stiff penalties where the victim is a minor.
The trial court was told that the offence occurred while the victim was under the care and supervision of the institution, elevating the gravity of the conduct.
Failure to Show Up on Judgment Day
From the court records, it is very clear that the case took a dramatic turn when the case was to be heard on the scheduled judgment date of 27th February 2025, and the main suspect, Mr. Wachiuri, absconded from the court.
Also Read: Woman Dies After Ksh700,000 Cosmetic Surgery in Nairobi
This led to a series of mentions and the efforts of the authorities to produce the key suspect before the court, all of which were unsuccessful.
The ODPP said that the key suspect had deliberately absconded from the court in order to avoid the delivery of judgment.
In this case, the prosecution made an application to the court on 3rd December 2025, requesting that the key suspect be sentenced without them appearing before the court.
This application was made based on the fact that the law was not made to be broken by the key suspect by deliberately absconding from the court, considering the gravity of the case and the involvement of minors.
Also Read: Blow to 1998 Bomb last Victims as Court Dismisses Compensation Claims
Court’s Determination and Sentence
In this case, the Senior Resident Magistrate Hon. D. Milimu allowed the application made by the Prosecution and sentenced the key suspect in absentia, observing that “an accused person cannot evade justice by deliberately absconding.”
The court went ahead to prosecute Mr. Wachiuri and imposed a sentence of “28 years’ imprisonment in absentia,” reinforcing the judiciary’s resolve to uphold accountability regardless of an accused person’s conduct.
The ODPP said the decision sends a strong message on the protection of children and the consequences of abusing positions of trust within learning institutions.
Follow our WhatsApp channel for instant news updates
The image shows Court Hammer mostly used by judges to signal decision
PHOTO/file