Editor's Review

The ODPP has secured convictions against a restaurant operator and his boda boda associate after a court in Kilifi found them guilty of trafficking a minor for sexual exploitation.

The Office of the Director of Public Prosecutions (ODPP) has secured convictions against a restaurant operator and his boda boda associate after a court in Kilifi found them guilty of trafficking a minor for sexual exploitation.

In a statement on Monday, April 13, the agency confirmed that the two men were fined Ksh30 million each alongside lengthy prison sentencs.

According to the ODPP, this follows the court’s determination that the prosecution had proven its case beyond reasonable doubt.

"Principal Magistrate Ivy Wasike ruled that Stephen Changawa Kahindi alias Kitsonyole and Stephen Katana Menza to each pay Ksh30 million in fines after the court found them guilty of trafficking a 14-year-old girl for sexual exploitation," the statement read.

In default of paying the fines, the two convicts will each serve 30 years in prison.

Kahindi received an extra three-year jail term after being found guilty of conspiring to defeat justice and interfering with witnesses, contrary to Section 117 of the Penal Code. 

On the other hand, Menza was handed a 20-year sentence for defilement under the Sexual Offences Act No. 3 of 2006.

Menza was also sentenced to an additional five years for threatening to kill the minor, an offence under Section 223(1) of the Penal Code, after he reportedly brandished a knife and warned the victim to remain silent during the abuse.

According to the prosecution, the crimes were committed over a span of several months within Kilifi County.

"The offence was committed on diverse dates between 7th February 2024 and 10th July 2024 at Mwahera location in Ganze Sub County within Kilifi County," the statement added.

The court directed that the sentences would run concurrently, with each convict’s term calculated from the time they were first remanded in custody.

"These sentences will run concurrently, with Menza commencing his term from 25th March 2026, while Kahindi will begin serving his time from 22nd July 2024, the period they were remanded in custody," the statement further read.

File image of the Office of the Director of Public Prosecutions (ODPP)

During the trial, the prosecution called five witnesses to establish the case. 

The court heard that Kahindi, a hotel operator in Ganze, lured the 14-year-old girl from her parents under the pretense of offering her education and employment opportunities.

He then handed her over to Menza in exchange for Ksh1,000. Menza is said to have transported the minor on a motorcycle to Dzifahe, where she was subjected to abuse.

In delivering her judgment, Principal Magistrate Ivy Wasike also issued directives aimed at supporting the victim’s recovery following the traumatic experience.

"Hon. Wasike ordered that the victim continues receiving psychosocial support to aid her recovery from trauma and be linked to vocational and skills training to help rebuild her life," the statement concluded.

This comes days after the ODPP secured a death sentence against four individuals linked to the murder of former Kabete MP George Muchai. 

The sentencing was delivered on Thursday, April 9, after the accused were convicted on three counts of robbery with violence.

Those sentenced to death are Erick Munyera, Raphael Kimani, Mustafa Kimani and Stephen Asitiva, in connection with the 2015 killings that also claimed the lives of Muchai’s two bodyguards and a driver.

In court, the prosecution outlined how the crimes were carried out, detailing the violent robberies that took place over two nights.

"The prosecution proved that on the nights of 6th and 7th February 2015, the four accused persons violently robbed Michael Ngatia, Gladys Waithera, and Irene Muthoni on separate occasions while armed with a G3 rifle and pistols and threatened to use violence against them," the statement read.

According to the ODPP, the court heard that the suspects made away with property of significant value during the incidents.

"During the robbery incidents, the accused persons stole property valued at Ksh1.1 million. The stolen items included two motor vehicles, a gas cylinder, four mobile phones, a laptop, and cash," the statement added.

In addition, the court sentenced two other accused persons, Jane Wanjiru and Margaret Njeri, to 10 years in prison for unlawful possession of a firearm and ammunition without a valid certificate.

"The death sentence was secured after the prosecution presented a strong case supported by testimony from 36 witnesses who provided evidence linking the accused persons to the crimes," the statement concluded.