20-Year Sentence in Child Defilement Case as Sodomy Case Awaits Judgment at Msambweni Law Courts

By Caroline Katana 

 Chamambo Mangale Ngati 57 year old has been sentenced to 20 years in prison after being convicted of defilement in a case heard before Kwale resident Magistrate Joy Mutimba.

The sentence was delivered on Thursday after the court considered the circumstances of the offence, the accused’s mitigation and a pre-sentence report.

Ngati had been charged with defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. 

The charge particulars read in court stated that the offence occurred on October 9, 2025, in the Madingo area of Diani Location, Kwale County, involving a 13-year-old child.

The court convicted Ngati on the charge before proceeding to consider the appropriate sentence.

The prosecution told the court that Ngati had no previous criminal record and was a first offender.

In his mitigation, Ngati told the court that he was the breadwinner for his family and was responsible for purchasing medication for relatives who were unwell.

The court also considered a pre-sentence report, which indicated that Ngati had not taken responsibility for his actions and showed no remorse.

 The report further stated that the child remained traumatised and was experiencing difficulties concentrating on her studies.

According to the report as summarised by the court, the child’s family had asked for a custodial sentence to prevent further trauma to the child.

 The report also indicated that Ngati was not well known in the Madingo area, making it difficult for the local administration to provide further views about him.

In determining the sentence, the court identified being a first offender as a mitigating factor.

 However, it considered the lack of remorse, including Ngati’s demeanour during his personal mitigation, as an aggravating factor.

The court noted that Section 8(3) of the Sexual Offences Act provides for a minimum sentence of 20 years for defilement involving a child aged between 12 and 15 years.

The court further stated that the Supreme Court had affirmed that where the law provides for a minimum mandatory sentence, a court has no discretion to impose a sentence below that minimum under the Sexual Offences Act.

Ngati was consequently sentenced to 20 years’ imprisonment.

The court directed that the sentence would run from October 9, 2025, when he was remanded in custody, in accordance with Section 333(2) of the Criminal Procedure Code.

He was also informed of his right to appeal against the conviction, extent and legality of the sentence within 14 days.

Reacting after the judgment, the child’s mother, Loise Wanjiru, said she was relieved that the case had reached its conclusion.

Wanjiru said her daughter was 12 years old when the incident occurred and is now 13.

She said the experience had affected the child’s studies and exposed her to ridicule from some children in the neighbourhood.

Wanjiru said Ngati was known to her as a neighbour who used to visit the kiosk where she worked and was also a traditional healer.

She alleged that her daughter encountered Ngati while on her way to school and that he lured her by offering yoghurt and sweets. 

She said she had previously heard similar concerns from neighbours about him approaching children.

According to Wanjiru, the incident occurred along the route the children used to school from their home in Ngerenya towards Madingo.

She said the family faced warnings and fears during the case, including claims that the accused, being a traditional healer, could bewitch her or prevent the case from succeeding.

Wanjiru said she nevertheless decided to pursue the matter through the justice system.

She also urged parents whose children have experienced sexual abuse not to be persuaded into settling such cases privately.

She said some families are approached with offers to “talk” and receive a small amount of money instead of pursuing justice, and encouraged parents not to be afraid of reporting such cases.

Mwanasha Gaserego, director of Tuwajali Wajane Kwale, said the organisation had supported the family in following up the case through its Jasiri project, with support from CCGD and the Mastercard Foundation.

Gaserego welcomed the court’s decision and thanked the family and various actors involved in the case, including the gender desk, medical personnel, police, other government offices and the court.

She said the organisation would continue supporting survivors and their families beyond the conclusion of court proceedings, including through counselling and assistance to help them rebuild their lives.

“There is life after this judgment,” Gaserego said.

Meanwhile, a separate sodomy case is pending before the Msambweni Law Courts and awaits judgment. No outcome has been given in that matter at the moment.