Court frees a Nakuru Imam from child rape link

NAIROBI: The High Court has released an Imam who had been sentenced to 10 years for allegedly sending a 15-year-old girl to another Sheikh for sex exploitation.

Sheikh Ali Samoja was freed after appeal when judge Maureen Odero ruled that he had nothing to do with the defilement as he innocently sent the girl to get assistance for further studies in Lebanon only for the 'helper' to prey on her.

"The prosecution failed to prove the charge beyond a reasonable doubt. The defilement of the complainant, though a very regrettable incident, cannot in any way be attributed to the appellant (Samoja)," Justice Odero ruled.

On July 2012, Samoja informed the victim that there was someone who was willing to sponsor her for further studies and she should inform her parents about the offer. Both the girl's father and mother consented.

PROCESS DOCUMENTS

The Sheikh, who doubled as the imam of a Mosque in Nakuru and a madrasa teacher to the girl, then gave her Sh500 as fare to Nairobi where she was to meet with one Sheikh Murtadha, whose role was to process her documents to Lebanon.

The girl told the court that after staying with Murtadha for a week in his house in Westlands, he came to her room and told her that "I cannot stay in a house with a beautiful girl."  The man proceeded to defile her.

The incident was known after the girl tried to commit suicide by taking an overdose of pills.

The perpetrator escaped to the Middle East and has not been traced to date but the sender ended up being the accused person.

Judge Odero noted that the arrangement for the Lebanon trip was made in the full knowledge of the girl's parents.