A man accused of defiling a 12-year-old minor has been handed a 30-year jail sentence by a Lamu Court.
During the proceedings, Magistrate Flavian Mulama heard that the convict identified as Jafar Mohamed, alias Mudhafar, had his family offer furniture to the victim’s family as compensation for the defilement.
However, this arrangement fell apart when Mohamed’s family failed to fulfill their promise, prompting the victim’s relatives to turn to the authorities for justice.
The prosecution presented six witnesses, who provided strong statements against the accused ultimately leading to his conviction under section 8(1) and 8(2) of the Sexual Offences Act No. 3 of 2006.
“Lamu Resident Magistrate Hon. Flavian Mulama found Jafar Mohamed Alias Mudhafar guilty of defilement contrary to section 8(1) as read with 8(2) of the sexual offences act no.3 of 2006,” read a statement on the case shared by ODPP.
In his ruling, Magistrate Mulama did not hold back his criticism, particularly towards the mothers of both the accused and the victim, he expressed outrage at their roles in condoning the criminal act.
He noted statements made in the victim impact report indicating that the girl lost her virginity to the accused in 2022 after a series of unprotected sexual encounters.
Also, the report highlighted that she was on the verge of dropping out of school due to persistent pressure from the accused, who had promised to marry her.
Also Read: Man Slapped with Life Sentence for Defilement
Clinical Officer Called Out for Role in the Crime
The magistrate expressed his anger towards a clinical officer at the Lamu County Hospital, who was found to have manipulated medical records and encouraged the families to settle the matter outside of court.
“It was wrong for the treating doctor one Aziza S. Mbaruk to allow and/or permit any interference with the treatment notes and all these intentions are made clear by her advice to the victims to resolve the matter out of court,” said Magistrate Mulama.
He further reprimanded the clinical officer and said that he would report the matter to her supervisors so that action can be taken against her for trying to mislead the court.
“For you, I will not say shame on you, but I will ask that your immediate supervisor and your relevant regulatory body to take note of this unbecoming behavior as all these were made to mislead the court,” he said.
Additionally, the court found the accused’s defense statement shocking, after it was revealed that he was a married man and a father to two twin girls.
The magistrate posed a question to the accused, asking how he would feel if another man were to do the same to his twin daughters.
“I bet you would be as mad as the word itself and in this side of the county you would be armed with a panga or a knife ready to attack the perpetrator and this grudge would have played through the generations to come,” remarked Mulama.
Also Read: 3 Arrested Following Disappearance, Defilement of a Minor
Court Magistrate Reprimands the Mothers
Additionally, the magistrate criticized the accused’s mother for bringing food to her son while he was in the same room with the victim, suggesting that her actions enabled his behavior.
“You had the power to stop your son’s shenanigans, but you promoted it by providing food, maybe so that he has the energy.”
The magistrate also took issue with the victim’s mother for seeking furniture as compensation for her daughter’s lost virginity
“The virginity was not yours but hers and as a mother you have all the rights to protect her from it being taken away from her,” she added.
In his closing remarks, Magistrate Mulama emphasized the need for parents to protect their children from harmful influences.
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