‘No child is safe if he walks free’ say judges as they reject appeal of man who defiled girl
What you need to know:
- We think he is a man who should be kept as far away as possible from the paths of the happy and the free.
- No child is safe when a person of the appellant’s antecedents walks in freedom.
Ibrahim Maumo Malo was found guilty of defiling an 11-year-old girl and infecting her with HIV in 2015 and sentenced to life imprisonment.
After spending about six years in prison, the 61-year-old man filed a second appeal and one of the grounds was that he was a reformed man and the court should consider reducing his sentence.
The appellant may have reformed, as he claims but there is no telling. We think he is a man who should be kept as far away as possible from the paths of the happy and the free. No child is safe when a person of the appellant’s antecedents walks in freedom.
Court of Appeal judges Patric Kiage, Francis Tuiyott and Joel Ngugi would hear none of it. In a judgment, the judges said Malo may have reformed, as he claims but there is no telling.
Malo was found guilty of defiling the girl on diverse dates between January 1, and April 2, 2014, at Muhoroni Township, in Kisumu County.
After losing the first appeal before the High Court, Malo decided to plead with the court to reduce his sentence.
He urged the court to consider that he was 61 and had reformed.
To support his case, Malo brought several certificates indicating that he had, while in prison, passed National Trade Test Certificate Grade III as a welder (Electric), tailoring Grade III.
He also supported his appeal with a letter of recommendation from the Officer-in-Charge, Kibos Maximum Prison, showing he had used his time well and had also taken spiritual courses.
The prosecutor opposed the appeal and urged the court to uphold the life sentence because of the age of the victim of the defilement, and the fact that Malo repeatedly defiled her and infected her with HIV.
“The little girl was but a child of 11 years and it boggles the mind that the appellant should have preyed on her, exploited her child-like naivetté, and stolen her innocence while taking advantage of her poverty,” said the judges.
The court noted that the beast repeatedly lured her to his house with the promise of a few coins. In one instance, he gave her Sh30 as he defiled her in a sugar cane bush, where the money got lost.
“He satisfied his wanton lust on the little girl over whom he seemed to have quite some control and she unquestioningly did as he asked,” the judges observed.