German Man Acquitted of Defilement in Kilifi, Judge Accepts Claim Teen ‘Lied When She Failed to Win Him Over’

Controversial ruling sparks outrage as magistrate entertains defence narrative that 15-year-old fabricated charges after unsuccessful seduction attempt

KILIFI – In a decision that has ignited fierce debate about child protection in Kenya’s justice system, a Kilifi court has acquitted a German national accused of defiling a 15-year-old Rwandese girl, with the presiding magistrate appearing to entertain the defence’s narrative that the minor may have fabricated charges after failing to “win him over.”

Kilifi Chief Magistrate James Mwaniki on Sunday freed Netzband Tim Marvin, who faced four charges including defilement, trafficking in persons, child pornography, and promoting sexual offences with a child.

The charges stemmed from allegations of sexual abuse that occurred at Marvin’s residence in Mtondia, on the outskirts of Kilifi Township, between January and February last year.

The judgment has sent shockwaves through child rights advocacy circles, particularly due to the magistrate’s reasoning, which appears to place the burden of moral credibility on a minor while dismissing critical evidence presented by investigators.

In a statement that has drawn particular scrutiny, Mwaniki noted that “Marvin’s contention that the minor may have lied when it became apparent that she would not win him over cannot be wished away.”

The magistrate went further, suggesting that “the possibility that she acted in concert with others, especially her mother, to make up a case against the accused could not be ruled out.”

The court’s decision came despite damning evidence uncovered by detectives from the DCI Anti-Human Trafficking and Child Protection Unit.

Inspector Paul Osundwa told the court that the minor had complained of being drugged, and subsequent tests by the Government Chemist confirmed the presence of psychotropic drugs in her system.

Forensic analysis of Marvin’s phone revealed an image of male genitalia with a bedroom background, and detectives who visited his home recovered the exact location where the photograph had been taken, along with bedding, cameras, and other gadgets. Pornographic videos were also discovered on one of his devices.

Yet Mwaniki ruled that the prosecution had failed to prove the child pornography and sexual offences charges because “it was not clear to whom Marvin had sent the intimate photos.” The magistrate afforded what he termed “the benefit of doubt” to the accused.

Medical evidence presented through a P3 and PRC form by clinical officer Anthony Kaingu indicated that the victim had a broken hymen described as “an old scar,” though the magistrate dismissed this as insufficient proof of recent sexual assault.

The case presents a disturbing timeline that raises questions about how a grown man’s interactions with a child were normalized.

According to court testimony, the minor first encountered Marvin at Salty’s Hotel in Kilifi town on January 2, 2024.

He was subsequently introduced to her formally through one of her mother’s friends, and they visited his home together with her mother, leaving at approximately 1 am after he served them fermented cabbage.

The minor testified that Marvin had her contact information before she attempted to exchange numbers with him.

The following day, he messaged her requesting a meeting at Beneath the Baobab, a beachfront entertainment venue. When she declined to socialize, she sent him her location instead.

Critically, the minor told the court that when Marvin inquired about her age, she explicitly told him she was 15 years old.

According to her testimony, “He told me that he was attracted to me and that he had started making a life in Kilifi and that nothing would happen between us.”

The minor alleged that Marvin later visited her home at 11 pm, where the defilement occurred.

She also testified that it was established she had attempted suicide after Marvin asked her to stay away from him, following her mother’s request that he cease contact with her daughter.

In his defence, Marvin claimed ignorance of her age, asserting he believed she was in her twenties based on her appearance, tattoos, nose piercing, and because she was “partying everywhere.”

He admitted to consuming prescription drugs, cannabis, and alcohol with the girl but denied any sexual misconduct.

The magistrate’s judgment referenced six social media messages allegedly retrieved from the minor’s account, in which she purportedly claimed she was forced to frame Marvin.

However, the context of these messages, including potential coercion or manipulation, remains unclear.

In what has been described by legal observers as an extraordinary comparison, Mwaniki invoked a biblical reference in his ruling: “If in a case, on the one side you have a rogue and on the other a person of unblemished reputation, you will believe the one of unblemished reputation. But when neither side has too much to boast in the way of honesty and credibility, you will just as soon believe one as the other or brand both as liars, for there is no righteous man in Sodom and Gomorrah.”

The statement effectively placed a 15-year-old child on equal moral footing with an adult man in assessing credibility, a position that child protection advocates argue fundamentally misunderstands power dynamics and the vulnerability of minors.

The magistrate also dismissed the trafficking charge, ruling that because the minor went to Marvin’s home “voluntarily or in the company of her mother,” and with her mother’s knowledge and consent, the legal definition of trafficking had not been met. He noted that the prosecution failed to establish means such as force, coercion, abduction, fraud, deception, or abuse of power.

However, this reasoning appears to overlook that the Sexual Offences Act presumes that a child cannot consent to sexual activity, and that grooming often involves gaining the trust of both the child and their guardians.

Court records indicate that Marvin, who came to Kenya in 2023 initially on a tourist visa before applying for a work visa, purportedly engaged in farming.

The judgment notably mentions that there were no written submissions from the prosecution at the time of writing, with Mwaniki stating, “At least none was in the file.”

The Office of the Director of Public Prosecutions, through Prosecution Counsel Nancy Njeru, has announced plans to appeal the decision.

The case raises troubling questions about how Kenya’s judicial system handles cases involving foreign nationals accused of crimes against children, particularly when wealth disparities and power imbalances are evident.

Child rights organizations have expressed alarm at the precedent this ruling might set, arguing that it could embolden sexual predators while discouraging victims from coming forward.

The suggestion that a minor “lied” about abuse after failing to romantically “win over” an adult man who admitted to giving her drugs and alcohol fundamentally misconstrues the nature of child sexual abuse and the grooming process.

As this case proceeds to the appellate courts, it serves as a stark reminder of the challenges facing Kenya’s justice system in protecting its most vulnerable citizens from exploitation, particularly when perpetrators are foreign nationals who may be perceived as having greater resources or credibility than local victims and their families.