Court jails two men for 28 years over gang defilement of minor in Kilifi

Two young men have been handed a 28-year prison sentence each after being convicted of gang defilement involving a 16-year-old girl in Mwambetsungu, Kilifi County.

Gift Kalu Mwango, 21, and Emmanuel Kazungu Mganga, 19, were found guilty of the offence committed on the night of February 9, 2024.

The court heard that the teenage girl had stepped outside to collect her shoes at around 10 p.m. when the two neighbours accosted her.

They forcefully covered her mouth and dragged her into a nearby thicket.

Mwango then defiled the girl while Mganga held a knife, threatening her with violence if she resisted.

In a judgement delivered at the Kilifi Chief Magistrate Charles Obulutsa stated that the Office of the Director of Public Prosecution (ODPP) had proved the charge of gang defilement beyond reasonable doubt, citing clear evidence on the victim’s age, identification of the perpetrators, and the act of penetration.

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“Having considered the prosecution’s case and the 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,” he ruled.

During sentencing, the magistrate condemned the duo’s actions as “cruel, inhumane, and deeply traumatising to the young victim.”

“What the accused subjected this child to was not only unlawful but dehumanizing. Their conduct showed a complete disregard for the rights and dignity of the victim. Such acts deserve the severest punishment under the law,” he said.

The magistrate noted that although Mganga did not physically assault the girl, his active participation in the crime could not be ignored.

“The court notes that the second accused (Mganga) did not defile the victim himself, but he stood by and watched while holding a knife. He had the option to intervene or walk away but instead chose to intimidate the victim and aid in the commission of the offence,” said Obulutsa.

The case was prosecuted by the Office of the Director of Public Prosecutions (ODPP), which welcomed the ruling as a significant step in the fight against sexual violence involving minors.