Man handed 30-year sentence for defiling girl as doctor and suspect's mother shamed for attempt to cover-up incident

A 28-year-old man has been handed a 30-year jail sentence for defiling a minor in Lamu County in 2022.

Jafar Mohamed alias Mudhafar was sentenced after being found guilty of defiling a 12-year-old girl contrary to the Sexual Offences Act, 2006.

During the trial, Lamu Resident Magistrate Flavian Mulama heard that the suspect initially deflowered the girl and subsequently took advantage of her on numerous occasions.

Mohamed was also reportedly close to convincing the girl to drop out of school so that he could marry her.

What caught the magistrate’s attention was that the mothers of both the suspect and victim were allegedly aware of the defilement incidents but chose to settle the matter out of court rather than pursue legal action.

The suspect’s kin reportedly offered the minor’s mother furniture, comprising a bed, wardrobe and dressing table, as payment for his transgressions.

The victim’s mother only reported the incident to police after the suspect’s family failed to keep their end of the bargain.

“For your information, 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 until she is 18 years old and that is when she is lawfully assumed to have the power to determine how, when and to whom it should be lost to,” the judge said as she condemned the actions of the minor’s mother.

“To all the mothers present in court and those who will read this ruling, your children are your investment. Allowing them to blunder at their tender age and encouraging them to blunder not only renders them useless persons in the society but also make you as parents suffer in your old age.”

Additionally, Mulama slammed the suspect’s mother for allegedly preparing meals for her son and delivering them to his room, in the presence of the minor, during some of the defilement incidents.

“We can all guess again what would have happened had the mother of the accused person called him out and not condoned the behaviour by her son. Shame on you for encouraging your son to commit the offence,” Mulama said in his ruling.

“You had the power to stop your son’s shenanigans but you promoted it by providing food, maybe so that he has the energy. Sadly, that may be his last meal prepared by you for the next couple of years to come,” the court observed.

Further, Mulama condemned a Lamu County Hospital Clinical Officer, who doctored the defilement reports and encouraged the two families to settle the matter out 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 the magistrate.

“For you, I will not say shame on you but I will ask that your immediate supervisor and your relevant regulatory body take note of this unbecoming behaviour as all these were made to mislead the court.”

Mulama also castigated Mohamed, who sought leniency by playing the family card in his defence, telling the court that he was a father of two girls who depended on him.

“I have only one question for you today. How would you have felt if another man your age did what you did to the victim herein to any or both of your daughters? And this includes a funny and misguided request that they drop from school so that he marries her or them?” Mulama posed.

“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.”

The prosecution presented six witnesses who proved beyond reasonable doubt that Mohamed was culpable of the offence.