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By Omondi Rodgers
Busia, Kenya: A nine-month-old baby girl from Muyala Village in Matayos Sub-county, Busia County, is undergoing specialized treatment at Moi Teaching and Referral Hospital (MTRH) in Eldoret after she was allegedly defiled. The suspect in custody, a 23-year-old who is intersex, has been arrested as investigations unfold.
The incident occurred in Khuyala Village, where the child’s 18-year-old mother, works as a sales lady at a chang’aa den. The suspect, who had reportedly arrived at the premises a day earlier seeking work, is currently being held at Busia Central Police Station as police await further medical reports to determine the precise nature of the charges.
Narrating the ordeal, the mother said the incident happened while she was attending to customers at her workplace. She explained that she had taken her baby to sleep in one of the bedrooms within the premises, believing the child would be safe as she continued working.
“I took my child to sleep in the bedroom then went back to continue with my work. After a short while, I heard my baby crying unusually. It was not a normal cry, so I became worried and rushed to the room,” she said.
On entering the room, she found the suspect lying on the same bed as the baby.
“I found the person on the bed, who had covered my child with a blanket. When I asked what was happening, I was told everything was fine and that the baby was just sleeping,” Adhiambo recounted.
Still uneasy, she uncovered her baby and made a shocking discovery.
“When I removed the blanket, I noticed blood and urine flowing from my child. I was confused and terrified. I did not know what to do. I immediately picked up my baby and ran to a nearby clinic for help,” she said.
At the clinic, medical personnel examined the child and quickly referred them to Matayos Sub-county Hospital due to the severity of the injuries. From there, they were referred to Busia County Referral Hospital and advised to first report the matter to the police.
Doctors at Busia County Referral Hospital later referred the infant to MTRH in Eldoret for specialised treatment after assessment revealed severe injuries.
Busia County Gynecologist Dr. Janerose Ambuchi confirmed that the child sustained severe injuries.
“The child is under gynecological care and is being managed by a fistula specialist. She developed a recto-vaginal fistula, where stool passes through the private part. This is a very serious condition, especially for such a young child,” said Dr. Ambuchi.
The case presents a complex legal situation for investigators. Under the Sexual Offences Act, 2006, the law is clear on the severity of the crime. Section 8(1) of the Act states that “A person who commits an act which causes penetration with a child is guilty of an offence termed defilement.” Given the victim’s age, Section 8(2) applies, mandating that “A person who commits an offence of defilement with a child aged eleven years or less shall upon conviction be sentenced to imprisonment for life.”
The legal definition of penetration, as outlined in the Act, is “the partial or complete insertion of the genital organs of a person into the genital organs of another person.” This definition, which includes the anus as a genital organ, focuses on the act of insertion by the perpetrator, regardless of the perpetrator’s own biological sex or intersex status. Therefore, the charges will be determined by the forensic evidence of how the child’s injuries were caused. If evidence shows the infant’s genital organs were penetrated, the charge of defilement stands.
Dr. Ambuchi also revealed that defilement cases in the county remain alarmingly high. In 2025, Busia recorded 42 female and four male cases among children aged 0–9 years, and 574 female and 25 male cases among those aged 10–17 years.
“From January to February this year alone, five cases have already been reported at referral hospitals. Many cases are still handled within communities and go unreported, which puts children at even greater risk,” she said.
She further called on the members of the public to take a front initiative of helping in reporting these cases so that perpetrators face the law.
“We want our law enforcers to do further investigations so that those who defile children are thoroughly punished. Let’s all collaborate to handle this menace which is harming the future generation.”
Deputy Medical Superintendent at Busia County Referral Hospital, Sylvano Katai, expressed concern over the increasing number of sexual abuse cases.
“This abuse leaves victims with severe physical injuries, emotional trauma and long-term psychosocial challenges. Parents, religious institutions and law enforcers must work together to guarantee children’s safety and ensure offenders are punished according to the law,” said Katai.
He assured the public that the hospital remains committed to providing necessary medical care and documentation to support investigations and prosecution of such cases. Police have stated that the suspect will be subjected to further medical and psychological evaluation to aid in the investigation.
