This archive report was first published on 10 November 2019.
On January 18, 2019, a 47-year-old mother in Nyali, Mombasa, made a decision that would change her life and that of her three-year-old daughter forever.
That morning, the mother had no idea that her daughter would be defiled after boarding a van to go to school.
According to the mother, the van that was supposed to take her daughter to school had broken down, and the caretaker decided to pick her up in a matatu. The mother let her daughter board the matatu without a fuss, not knowing that it would be the start of a nightmare.
However, at around 11am, the mother's sister, whose children also went to the same school, learnt that her niece was not at the institution. The mother was then informed that her daughter was in the custody of the caretaker, who promised to bring her to an agreed place.
When the mother was finally reunited with her daughter, the girl looked dirty, disoriented, and tired. The mother sensed that something was amiss and reported the matter to Nyali Police Station.
A medical report filed on January 31, 2019, at the Coast General Hospital confirmed that the girl had been defiled and her private parts had lacerations. The doctor recommended that she undergoes counselling.
After undergoing therapy, the girl showed signs of defilement, including psychological and behavioral depression symptoms, anxiety, hyper vigilance, and fear. She also exhibited symptoms associated with post-traumatic disorder, such as loss of social competence.
The mother was initially made to believe that her daughter did not alight at the school after she fell asleep and was only discovered when the vehicle was taken to the car wash. However, the mother refused to buy the story and reported to the Office of the Director of Public Prosecution.
On March 11, 2019, the prosecution counsel wrote to Nyali Police Station on behalf of the ODPP, directing them to urgently forward the duplicate police file within 14 days and update them on the position of the matter.
On May 6, 2019, the ODPP wrote to DCI Kisauni, demanding to know why the investigating officer had recorded any statement from the victim. The ODPP also instructed the DCI to record the statement of the caretaker, Aysah Harun, alias Mama Fatuma, to clarify on the number of drivers who were on duty on the material day.
On July 29, 2019, the prosecution counsel vented her frustrations in yet another letter to the DCI Kisauni, stating that two months had passed, and the office had never complied with the directions. The case has a hearing date in August, and it is essential that the file is reviewed before proceeding with the hearing.
As of now, Morris Manzia Phillip, the driver of the vehicle that had broken down, has been charged with attempted defilement, a charge he denied. The case was scheduled for hearing on September 19 but failed to take off. The matter is being prosecuted by the Child Protection Unit.
When we spoke to the mother, she expressed her concerns about her daughter's well-being. 'My daughter has somehow stabilised after undergoing counselling, but every time she asks me where we are going when I go to court, I cringe. Her life may never be the same again,' she said.
