Sex pest earns 15 years as probation ruled out

A sex pest had his sentence enhanced on Wednesday from a three-year probation to 15 years in prison.

“Kennedy Munga is not a first offender, he was not remorseful for his actions and was not ready to accept his mistakes.

“Therefore, I do not recommend that he be placed on probation,” a probation officer had warned a magistrate during trial.

High Court judge Mohammed Ibrahim faulted the magistrate for placing the serial sex pest on probation, saying it was “a miscarriage of justice, was reckless and a blatant violation of the law.”

He quashed the decision and sentenced Munga to 15 years in prison.

Mr Justice Ibrahim also questioned why the magistrate, Ms S.R. Wewa, disregarded a probation report, which called for the maximum custodial sentence.

The judge pointed out that the lenient sentence was illegal and stopped short of declaring the case a mistrial.

“The magistrate gave a non-custodial sentence by placing the accused on a three-year probation, which was against the law, illegal and void ab initio (from the beginning).

“The court had no power, authority or jurisdiction to grant a non-custodial sentence since the minimum sentence permitted by law was 15 years,” the Mombasa-based judge said.

According to the Sexual Offences Act, Section 8 (4), the minimum sentence for defilement of a girl aged between 16 and 18 years is imprisonment for a term not less than 15 years, implying that the maximum sentence is life imprisonment.

Mr Justice Ibrahim ordered that a copy of his ruling be forwarded to the High Court registrar and the Judicial Service Commission to establish the competence of the magistrate.

He said such shoddy rulings could erode confidence in the courts and undermine measures to raise the standards in the administration of justice.

The girl’s father had asked for a review of the lower court’s decision. He accused the court of bias. The sex pest was first charged with defilement on August 2, 2010.