Kilifi court convicts two men for sexually assaulting 16-year-old

Two men have been found guilty of defiling a 16-year-old girl in Kilifi.

In the ruling, Kilifi Chief Magistrate Charles Obulutsa said that Gift Mwango and Emmanuel Kazungu were guilty of defiling l.J. who was their neighbour and friend.

“Having considered the prosecution case and defense, the court is satisfied that the prosecution has proved the main charge of gang defilement beyond reasonable doubt. The accused are found guilty and convicted accordingly,” said Charles Obulutsa.

The magistrate said that despite not participating in the act, Kazungu saw what was happening and had the option of either stopping the act or walking away but chose to stand guard with a knife, threatening the minor not to scream.

“The 2nd accused (Kazungu) saw what was happening. He had the option of either stopping the act or walking away. As the Swahili saying goes, "ALIYE MBALI HAANGUKIWI NA MTI." Loosely translated to mean he who is far does not get fallen on by the tree,” said Obulutsa.

According to the minor, she was able to identify Mwango and Kazungu, who were her neighbours and friends, because the security lights outside their house were on and the moonlight was out.

She said the two grabbed her at 10 PM as she picked shoes from outside their house and proceeded to rape her for 10 minutes in their house.

The minor’s father, RJ, said that his wife sent their daughter to collect shoes from outside the house, and when she took long to return, her mother went out to check.

He said the wife heard a voice say, "Why are you hurting me?" and alerted him, but he did not see anyone when he got out to check.

RJ returned to the house and found his daughter there crying, and she reported that she found the two accused persons outside who threatened her with a knife and kidnapped her and later defiled her.

He then took her daughter to the village elder, where a report was made, but they were referred to the police station, where a P3 form was issued, and she was taken to hospital.

A clinical officer at the Vipingo Health Centre, Haro Jambo, said IJ’s hymen was freshly broken and had a fresh scar on the private parts, and the clothes were unkempt with soil, and he experienced pain in the stomach and neck.

In their defence, Mwango and Kazungu denied the charges and said that they presented themselves to the chief to clear their names but were arrested instead.

They said that they were never taken to the hospital for a DNA test but just detained and charged and that they were never identified at the police parade.