By Kelly Were
A Kilifi court has sentenced two young men to 28 years imprisonment each after they were found guilty of gang defiling a minor in a case that shocked the local community.
Gift Kalu Mwango, 21, and Emmanuel Kazungu Mganga, 19, were convicted by Chief Magistrate Charles Obulutsa for the gang defilement of a 16-year-old girl that occurred on February 9, 2024, at Mwambetsungu in Kilifi County.
The court heard that the victim had stepped out of her home at around 10 PM to collect her shoes when she was confronted by the two men, who were her neighbours in the area.
According to evidence presented in court, the accused covered the girl’s mouth and forcibly took her to a nearby thicket. Mwango then defiled the minor while Mganga held a knife and threatened her with violence if she resisted their attack.
In delivering his judgment, Chief Magistrate Obulutsa stated that the prosecution had successfully established all the legal requirements for the offense of gang defilement.
“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,” the magistrate ruled.
The court noted that the key elements of the offense had been proven, including the victim’s age, the act of penetration, and the positive identification of both perpetrators.
While establishing the facts of the case, the court acknowledged that although Mganga did not directly participate in the defilement, his role was equally culpable under the law.
The magistrate emphasized that Mganga witnessed the assault taking place and had the opportunity to either intervene to stop the criminal act or remove himself from the scene, but chose to remain and facilitate the crime through intimidation.
The case was successfully prosecuted by State Counsel Ridhwan Mohamed, who presented compelling evidence that convinced the court of the accused persons’ guilt beyond reasonable doubt.
