A Kilifi County Taekondo coach has been sentenced to serve ten years imprisonment by a Malindi court for a sexual indecent act he meted on a 15 year old girl in 2015.
Onesmus Safari Ngao who is an employee with the County government of Kilifi was yesterday slapped with the court’s verdict after he was accused of luring a Taekondo student into sex while in a competition in Watamu, Kilifi North Sub County on 20th, November, 2015.
He was facing two counts of defilement contrary to section 8 (1)(4) of the sexual of act of 2006 and indecent act but the Senior Principal Magistrate Silvia Wewa said she could not sentence him on the count of defilement because of age inconsistencies in the charge sheet.
“In the circumstances then count number one will not lie for sentencing but I will commit the accused person to sentencing on count number two of indecent act whereby it talks about an imprisonment of a term of a child of tender age 15 years for a period not less than ten years so in essence therefore the accused will have to serve a sentence of ten years imprisonment,” she said.
Wewa said that in count number one the citation of the penalty is pegged on Section 8 sub section 1 as read with sub section 4 and that relates to an age between 16 and 18 years and that the accused if convicted was to serve a sentence of 15 years but in the circumstances in the charge sheet count number one was not of any assistance to the court since the age bracket differed from the age bracket that was given as evidence.
“We appreciate that the age of a victim is crucial in such kind of matter as the consequences flow from the same and in this case the victim’s age was proven to be 15 years,” she said.
She also added that the age bracket of which evidence was supportive was in respect to count number two which would have been an alternative and it talked about an indecency of a girl of tender age of 15 years and that the appropriate citation then would have been section 11 (1) of the sexual offenses act.
She also added that she had considered the defense argument that the accused was a family man and a first offender and that the prosecution had given the court guidelines in considering the sentence.
“He is a family man and we appreciate that fact and we will also look at the consideration of being a first offender and a family man indeed sympathy and mercy has to be bestowed upon him,” she said.
The defense team has fourteen days to appeal the sentence.