26-year-old man jailed 40 years for defilement

Kwale,

Friday, December 1, 2023

KNA by Hussein Abdullahi

A 26-year-old Kwale man who cajoled a six-year-old girl with mango fruits before defiling her has been handed a 40-year jail term.

Kwale Principal Magistrate Lilian Lewa sentenced Cedric Amusava to a lengthy jail term for defiling the young pre-primary school learner.

Amusava defied going to court despite being out on bail since 2016 after hearing the evidence of the child until last year when he was re-arrested and his bond canceled.

In her sentence, Lewa ruled that the accused’s action would remain a permanent trauma in the mind of the minor.

She added that the length of the prison term for the convict seeks to serve as a deterrent to any recidivism (the tendency of a convicted criminal to re-offend) and protects vulnerable children in society.

Amusava defiled the minor at his workplace, Karen Cottages after luring her from Uwanja Jongoo village as she was playing with other children shortly after returning home from school.

Principal prosecution counsel Wangari Mwaura and senior prosecution counsel Susan Lewa called five witnesses with the court ruling that they proved the prosecution case beyond a reasonable doubt.

The accused gave the minor mango fruits as bait to gain her trust before defiling her inside the cottages.

 After the heinous act, he gave the girl three pieces of mango fruits before escorting her to their home and returned to work amid a stern warning not to share her horror and that he had carnal knowledge of her.

However, while bathing her the girl's elder brother noticed an unusual smell emanating from her private parts and alerted their mother after she returned home from work.

The girl narrated to her mother the ordeal she went through in the hands of their neighbor of many years, who was later arrested and the same was confirmed when she was taken to Diani Health Centre for medical examination.

Amusava was charged with the offense of defilement contrary to section 8 (1) as read with section 8 (2) of the sexual offence Act no 3 of 2006.

He was also faced with an alternative count of committing an indecent act with a child contrary to section 11 (1) of the sexual offences Act no 3 of 2006.

The accused committed the offenses on 28 September 2015 at Karen cottages in Ukunda Township in Diani location Msambweni Sub County of Kwale.

Courtesy; KNA