By Neville Oduor
In a landmark ruling, the Office of the Director of Public Prosecutions (ODPP) in Kenya has secured a 28-year prison sentence for two men convicted of gang defilement in Kilifi County.
The case, which has drawn significant attention, involved the assault of a 16-year-old girl by her neighbours, 21-year-old Gift Kalu Mwango and 19-year-old Emmanuel Kazungu Mganga, on February 9, 2024, in the Mwambetsungu area of Kilifi.
According to court proceedings, the victim was collecting her shoes around 10 PM when the two men accosted her.
The prosecution, led by Ridhwan Mohamed, presented a chilling account of the incident: the perpetrators covered the girl’s mouth, dragged her to a nearby thicket, and subjected her to a horrific ordeal.
Mwango defiled the minor while Mganga stood guard, brandishing a knife and threatening her with violence if she resisted.
Despite Mganga not participating directly in the act, the court held him equally accountable for his complicity.
Chief Magistrate Charles Obulutsa, in his ruling, emphasized the strength of the prosecution’s case. “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,” Obulutsa stated.
He further noted that the evidence established the victim’s age, the act of penetration, and the identity of the perpetrators, leaving no room for reasonable doubt.
The court also highlighted Mganga’s failure to intervene, stating, “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.”
This ruling underscores the legal principle of shared responsibility in such crimes.
The ODPP celebrated the verdict as a step toward justice and equality.
The case reflects ongoing efforts to combat rising defilement cases in Kilifi County, where community policing committees have been working closely with law enforcement to ensure more cases are reported and prosecuted, offering hope to survivors seeking justice.