Two men were sentenced to serve 28 years’ imprisonment for gang defiling a minor in Kilifi County.
21-year-old Gift Kalu Mwango and Emmanuel Kazungu Mganga, 19, were found guilty of gang defiling a 16-year-old girl on February 9, 2024 at Mwambetsungu in Kilifi.
The court heard that the victim had gone out to collect her shoes at 10 PM when she was accosted by the two, who were her neighbours.
They covered her mouth and took her to a nearby thicket where Mwango defiled her while Mganga held a knife and threatened her with violence if she resisted.
While delivering judgement, Chief Magistrate Charles Obulutsa ruled that the ingredients of gang defilement had been laid out, alongside the age of the victim, the act of penetration and identity of the perpetrators.
“Having considered the Prosecution’s case and defence, the court is satisfied that the prosecution has proved the main charge of gang defilement beyond doubt. The accused are found guilty and convicted accordingly,” ruled Obulutsa.
Although the court noted that Mganga did not participate in the defilement, it considered that he saw what was happening and had the option of either stopping the act or walking away.
The case was prosecuted by Ridhwan Mohamed.
Meanwhile, a 31-year-old man, Collins Kipkemboi Kipkechem, was sentenced to 20 years in prison after he was found guilty of defiling a fifteen-year-old girl, who is the accused person’s niece, in Chesamach forest, Kilingot Village, Ossen Location, Baringo North sub-county, within Baringo County.
In a ruling made at the Kabarnet Law Courts, the prosecution, led by Counsel Sidney Koech and Rebecca Bartilol, successfully proved the case against the accused beyond reasonable doubt.
The prosecution narrated to the court how on diverse dates within the month of October 2024, between 1100hrs and 1600 hrs, the accused person lured the victim (his niece) to the forest under the pretense of collecting firewood.
It is while at the forest that the accused took advantage of the victim and forcefully defiled her, severally, and threatened to kill her if she ever disclosed to anyone what had happened.
In total, the prosecution called four witnesses, including the victim, along with crucial evidence and medical examination reports, all substantiating the claims of defilement.
In delivering the sentence, Edwin Mulochi highlighted the violent nature of the offence, the breach of trust involved, the psychological trauma inflicted on the victim, and the minimum sentencing requirements under the law.
Further, he underscored the seriousness of the offence, the long-lasting impact on the victim, and the importance of imposing a strong deterrent to discourage similar crimes in the future.
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