The director of Mwangaza schools in Garissa Hussein Hassan Ali was on Monday Sentenced to 35 years in prison.
The case has been going on at the Garissa law courts since November 2021.
The Victim who has since been transferred to a secondary school in Malindi was in form 2.
Delivering his judgement in a packed court, the Garissa resident magistrate Shadrack Otuke said that he was convinced beyond doubt that the evidence before the court was enough to warrant the conviction of the suspect.
The magistrate noted that the accused was armed with a sword at the time he was committing the offence and thus the victim feared and obliged for the fear that the accused may harm or kill him.
“Indeed in my view, the accused abused his position to commit the offence. The victim has undergone psychological trauma and shame. In my view, the accused does not merit a non-custodial sentence.”
The Resident Magistrate said that the accused had a higher duty and call to protect the children he teaches rather than feasting on them.
“The character of the accused should not go unpunished. Children need to be protected. Children need a good shepherd and not a wolf or hyena which easily feasts on lamps,” read part of his judgement.
In his defence, the accused through his lawyer Omanya Cohen told the court that he deserved a non-custodial sentence as he was paying salaries to teachers and that he was assisting the community.
The magistrate however said that the same cannot be used to subvert the wheel of justice.
“I have considered the sentiments of mitigation that the accused pays salaries to teachers and that the accused supported the community. This is commendable and highly encouraged but should not be used to subvert the ends of justice," he ruled.
“Considering the evidence against the accused, in my view, the accused should be locked up and be accountable for his own actions. The accused is hereby sentenced to 35 years imprisonment and he has 14 days to appeal,” he said.
Addressing the press after the ruling, the victim's child commended the court for upholding the rule of law.
“I had heard of stories from some quarters who kept on saying that my son will not get justice because the accused has money and he could bribe his way out,” he said.
“I had even been approached to drop the case and resolve it outside court but I refuse because I wanted my son to get justice, which has finally been served.”
Abdishukri Jelle, Garissa County MUHURI Coordinator welcomed the ruling saying that it will deter those out to subvert justice through settling matters out of court.
“The matter was of high public interest due to the position the Teacher holds in society. I want to thank all stakeholders both from state and non-state who worked tirelessly to ensure that the case is brought to a logical conclusion,” said Shukri.
He added:
‘This should be a warning to those praying on our children with the belief that they will get away with it. Our children have suffered for a long time and I want to urge the courts to continue with the same spirit and ensure that all cases touching children, rape, sodomy, defilement and early marriages are dealt with in accordance with the law."
