A court in Garissa has issued a landmark ruling that saw a director of a private school within the county slapped with a 35-year jail term for sodomizing a secondary school student.
Garissa Resident Magistrate Shadrack Otuke found Hussein Hassan Ali guilty of robbing the innocence of the 17-year-old boy who was a student at Mwangaza Private Primary and Secondary schools, where he was also serving as a principal.
While delivering his judgement, Garissa Resident magistrate Shadrack Otuke said that he was convinced by the evidence presented by the prosecution and sentenced the accused to 35 years in prison
“Having mentioned the judiciary sentencing guidelines above which I find persuasive, and considering the high court’s provisions 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 in custody,” ruled the court.
The magistrate noted that the accused was armed at the time he committed the offence.
“I have noted that the accused was armed with a sword when he was committing the offence and the accused obliged due to threats that the accused may harm or kill him indeed in my view the accused abused his position to commit the offence,” added the judge.
The sentencing brings to a close the case that has been going on at the Garissa law courts since November 2021. The victim who was in Form 2 then has since been transferred to a secondary in Malindi.
The ruling came as music to the ears of human rights defenders who say that it will herald a new era in the quest for justice for many victims of sexual and gender based violence who have been silenced through out of court settlements
