23-Year-Old Man Sentenced to 14 Years for Gang Defilement of Mentally Disabled Girl

A kakamega court has sent a 23-year-old to serve 14 years of imprisonment after he was found guilty of gang defilement.

Kakamega Senior Resident Magistrate Viena Amboko passed the sentence against Salim Nyongesa Opwachi on Friday.

Opwachi had defiled a mentally retarded 17-year-old girl on December 6, 2022, at Bunyanganyi village, Navakholo, at around 7.00pm. 

He also faced an alternative charge of committing an indecent act with a child. 

While sentencing Opwachi, Magistrate Omboko said the pre-sentence report was negative and finds the accused unfit for a non-custodial sentence.

“I have considered the accused person's mitigation and also that he is a first offender. The pre-sentence report is negative and finds the accused person unfit for a non-custodial sentence," she said.

Omboka said that owing to the mitigation of the offense, she had taken into account the circumstances of the offense and the victim's trauma, which she has to live with for the rest of her life.

“Section 146 of the penal code states that the accused is liable to imprisonment of 14 years with hard labor. I sentenced the accused to 14 years in jail and the sentence to commence on July 20, 2023, when he was placed in remand pending trial. He has 14 days to appeal,” said Omboko.

“I also take note that the accused has been in remand since July 20, 2023, when his surety withdrew his title deed as he was a flight risk.  

During the hearing, the minor told the court that she had been sent to buy salt from their neighbor's shop at around 7 p.m. before she was attacked by Opwachi and his accomplice.

“I met the accused along the way; they held my hands, closed my mouth, and took me to a maize plantation. They asked me if I could go with them to their house, but I refused and told them my mother would quarrel with me if I went with them at that odd hour. They then defiled me in turns,” said the minor.

Prosecutor Brian Mageria told court that the minor was able to identify the two by use of the moonlight since it was a bit dark.  

“She identified them because there was moonlight, and they also asked her if she knew them before they defiled her. They also undressed her and then the gang defiled her one at a time at the maize plantation and later left her bleeding," said Mageria. 

Mageria also said that the minor was rescued by her parents, who were in search of her after a long wait.  

“She had stayed long outside, and her parents became suspicious and went to look for her at the shop. The shopkeeper told them he had given her salt long ago.They then searched for her everywhere and later found her in the maize plantation," said Mageria. 

However, in mitigation, Opwachi asked for forgiveness. 

“I am a first offender and sole breadwinner to my family; I pray that the court forgives me, " he said.