The High Court has been urged by the DPP to dismiss an appeal by an American paedophile who is serving 50 years in jail for defiling minors.
The DPP in his submissions said the 59-year-old American, Terry Ray Krieger, deserves no mercy because he was caught on tape sexually abusing Kenyan children.
He appealed, saying the sentence was too harsh and he had saved the court time by pleading guilty.
Trial magistrate Joseph Karanja sentenced Krieger to serve 50 years imprisonment after the prosecution availed overwhelming evidence.
Senior assistant prosecutor Duncan Ondimu urged the High Court to dismiss the appeal lodged by Krieger and affirm the sentence imposed by the trial court.
“Taking into account all the evidence on record adduced by the Respondent and in the circumstances of the case, the Prosecution did discharge its burden,” Ondimu said.
Ondimu further said the prosecution’s evidence was not in any way discredited by the defence and Krieger readily pleaded guilty.
The state counsel said that in the present circumstances, the sentence imposed by the trial court was most appropriate to ensure ends of justice are met.
Ondimu told the High Court it was baffling how the convict never expected to be caught committing the illegal acts.
“The victims of the convict’s heinous crimes are very young children as evidence has clearly shown," the prosecution said.
"The convict took advantage of their vulnerability; he preyed on the victims like an animal stalking its victim. He never offered protection to the minors.
"The convict forced his experienced, aging body into that of inexperienced, young, and subordinate and dependent vulnerable child victims," the prosecutor submitted.
He urged he court to reiterate the message by the trial court that exposing young vulnerable children to sexual acts shall not be tolerated.
“By doing so, the court is not in any way making the convict a scapegoat for others," he said.
"But rather, it would send a clear message that pornography exhibited by using vulnerable children is a crime that is legally punishable by a harsh and severe sentence, the same was passed by the Trial Court,” Ondimu submitted.
He told judge Justus Bwononga that the seriousness of the offence is compounded by the age of the victims. He said the convict occupied a position of power and control over vulnerable children.
“The convict behaved as if he had just made an important conquest. We can only imagine what the convict was thinking when he took advantage of vulnerable children? He does not deserve any mercy," Ondimu said.
According to a report by the Voice of America dated August 16,2012, a minor referred as ‘John’ was quoted as having said that he started sex work when he was nine years old. He did his first pornographic film when he was 11 and his second at 13 years.
He further said that a European man – a self professed 'filmmaker' – had the boys and girls sign a consent form to be recorded having group sex.
The court said it would give a judgment day on notice.
(Edited by V. Graham)
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