Man charged afresh for defilement after 10 years

Mustafa Ismael in Mombasa Low Courts yesterday where he was charged afresh 10 years later with defiling a 8 years child after being convicted to life imprisonment. [Photo: Joackim Bwana]

A man sentenced to life imprisonment in 2010 for defiling an eight-year-old girl in Mombasa, was yesterday charged afresh after the High Court ordered his retrial.

A fresh trial was ordered early this month after a judge found that his previous trial and conviction eight years ago was unprocedural, and declared a mistrial because the victim was not cross-examined.

Mustafa Ismael was charged yesterday with the same offence amidst his protests eight years after his conviction in the lower court.

Ismael had appealed his life sentence before the High Court after serving two years in prison. He wanted to have his sentence overturned.

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“I was convicted to life and served two years in prison, and then I appealed at the High Court and the court ordered for a retrial,” said Ismael.

Justice David Majanja ruled on September 7, that Ismael be retried because his right to fair trial was violated and therefore could not stand.

“In the circumstances, the appellant’s right to a fair trial was violated and the resulting conviction cannot be upheld,” said Majanja.

He, however, said Ismael should be retried in a magistrate's court because the offence he was facing was serious and evidence against him overwhelming.

High CourtMustafa IsmaelJustice David MajanjaSentenced10 yearsJail