- The judgment delivered on March 7, by the Mombasa High Court released the priest on probation after upholding his conviction.
- He had been charged and found guilty by the trial court and sentenced to seven years imprisonment
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A lobby group has condemned a judgment delivered by a Mombasa Court that set free a priest convicted of indecent assault on a 16-year-old girl.
The judgment delivered on March 7, by the Mombasa High Court released the priest on probation after upholding his conviction.
He had been charged and found guilty by the trial court and sentenced to seven years imprisonment.
He, however, challenged the trial court's ruling and the jail term was set aside.
He was given a three-year probation during which he is expected to preach against his 'sin'.
"This court sets aside the seven-year jail term and substitutes thereof three years under the supervision of a Probation Officer. While on Probation, the appellant is hereby ordered to sensitize his congregants about the Sexual Offences Act at least one Sunday in a month," the ruling reads.
The ruling has now attracted the attention of the End Femicide KE Movement, who have termed it as an injustice to the girl.
The lobby group described the decision as "morally repugnant and unjust” and a violation of the Sexual Offences Act which stipulates the minimum sentence for such crimes.
"Girls and women in Kenya are entitled to equal benefits and equal protection of the law as provided in Article 27(1), and the court's decision also violates our equal protection rights under the Constitution of Kenya 2010," it said.
The movement wants the Judiciary to commence an immediate investigation into the circumstances under which the decision was delivered.
"It is imperative that the Judiciary immediately investigate the circumstances under which the Mombasa High Court Judge released the priest on probation, set aside his prison sentence, and decided, instead, that he, a convicted child molester, should be educating congregants on the Sexual Offenses Act," a statement issued on Thursday reads in part.
The group has also demanded a statement from the Catholic Church about why a convicted man continues to serve.
It also wants to know if he has faced any reprehension for his violations of law.