- During the incident, they held a knife to her and threatened that they would kill her if she dared raise an alarm.
- There, she found three other men and the four proceeded to shamelessly defile her.
Image: FILE
On February 23, 2017, NA a 14-year-old girl was taking water to their house in Bondeni in Mombasa when a man took her by her hand and led her upstairs to another room.
What happened to her that day left her not only physically but mentally wounded.
There, she found three other men and the four proceeded to shamelessly defile her.
During the incident, they held a knife to her and threatened that they would kill her if she dared raise an alarm.
They also blocked her mouth and when they were done, they locked her in a toilet.
Before the scarring ordeal, NA was already mentally challenged owing to a sickness she suffered at the age of three and her testimony was heard through one Dr Charles Mwangome.
When her mother realised she was missing, she began a search in the company of others.
In their search, they happened to knock on the door to the room where she was but the men wouldn't give them access.
Suspicious of their refusal, a woman in the search party pushed through and entered.
They found a scared NA in the toilet. She was sweating, bleeding and crying.
As they fussed over the girl, one of the four men escaped before the rescuers could lock the other three in.
Two of the men would be identified as Mohamed Ali and Hussein Sheikh following the arrest.
NA was taken to the hospital where a clinical officer established that she had lacerations of the labia minora, a cup wound on the fourchette, a laceration of the anal and a loose sphincter.
A high vaginal swab showed epithelia and pus cells concluding that she had been defiled.
At the court, Ali's defence was that he was at his place of work when he was informed of a girl who had been raped where he was staying.
He claimed that when he went to find out, he was arrested.
On the other hand, Sheikh equally gave a similar defence claiming that he returned from his place of work and found many people at his place and he was arrested on the allegations of raping the girl.
The trial court dismissed both evidence and convicted them of gang defilement.
They were sentenced to 15 years' imprisonment at the Mombasa Chief Magistrates Court.
The men, aggrieved, filed for an appeal on both conviction and sentence at Mombasa High Court.
Upon going through the case, Judge Kiarie Waweru found that the prosecution had proved its case to the required standards.
He also found that the trial court was not at fault in its decision, affirming that the sentence meted out was legal.
"The upshot of the foregoing analysis of the evidence on record, is I find that the appeal lacks merits and is accordingly dismissed," the judge ruled.
The judgment was delivered on January 12.