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Mombasa family seeks justice as defilement case stalls for four years

A family in Mombasa is desperately seeking justice after their daughter was sexually assaulted in the Casablanca estate in Mombasa four years ago, with the suspect remaining free as the case continues to drag on in court without a verdict.

Rukia Omar, a resident of Sarigoi estate, Mwembe Tayari, says her daughter was attacked and raped inside a vehicle after being grabbed along the road near Naivas supermarket in Mwembe Tayari.

The suspect, identified as Muhammad Fuad, allegedly locked the girl inside his silver-coloured vehicle with tinted windows, sexually assaulted her and threatened to kill her if she screamed.

“My child suffered terribly. To this day she has no peace. We come to court every time, and we go back home empty-handed,” said Omar.

Following the awful incident, Rukia rushed her daughter to the Coast General Teaching and Referral Hospital, where doctors confirmed physical injuries and recommended treatment. The family then proceeded to Central Police Station, where the victim recorded a statement and surrendered the clothes she wore during the assault as evidence.

Police investigations tracked the suspect’s vehicle through CCTV footage, and Muhammad Fuad eventually presented himself at the police station and was released on bond.

However, despite the existing evidence, the case has been stalling at the Mombasa Law Court for four years, with hearing dates repeatedly postponed. Lawyers have been changed more than once, and each change has forced the case to restart from the beginning, a situation that has frustrated a family already worn down by the lengthy legal process.

The case is expected to be mentioned again on June 16th this year as the family continues to wait for a verdict that has been delayed far too long.

The women’s rights Organisation Sauti ya Wanawake, which has been following the case from the start, says the situation exposes deep weaknesses in Kenya’s justice system, particularly for low-income citizens.

“The suspect has money. He can afford the best lawyers. We, the vulnerable, depend on government lawyers who keep getting changed. This is not justice,” said Zainab Sagaf, an activist with the organisation.

The impact of the assault has been devastating for the young victim. She stopped going to school for two months, fearing ridicule from her classmates. Her mother intervened, engaging the school administration and presenting police documents, after which the girl eventually returned to class. However, she continues to struggle with trauma to this day.

Lawyer Munira Faraj, who represents the family through Sauti ya Wanawake, stressed that justice delayed is justice denied and that the court system urgently needs reforms to better protect victims of sexual violence, especially children.

Sauti ya Wanawake is now calling on the Kenyan government to intervene and ensure that the case is concluded swiftly and that Muhammad Fuad faces the full consequences of the law.

“Today it is my child; tomorrow it could be yours. If we stay silent, these acts will continue. We want justice to prevail,” said Omar.

By Ramadhan Nassib and Otieno Kevin 

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