KETRA KALUNGA Writes
The Kabwe magistrate court has committed to the Kabwe high court for sentencing a 75 year old man of Makululu compound in Kabwe district for sentencing for indecently assaulting a 13 year old girl in his house.
Principal resident magistrate (PRM), Daniel Musonda committed Reuben Kamimbi to the high court after his court found him guilty of committing the offence of indecent assault on the girl in the same area.
Particulars of the case were that on 18 February, 2019, Kamimbi indecently assaulted a 13 year old girl contrary to section 137 cap 87 of the laws of Zambia.
Magistrate Musonda stated that the offence Kamimbi committed is serious and carries a minimal sentence of 15 years.
The court heard that four witnesses were called to testify, mother to the complainant, a sister, arresting officer Janepha Nkwanshi and the complainant her self.
Magistrate Musonda said the accused chose to give evidence in his defence and called one witness, Emildah Kimimbi his grand daughter.
In her testimony, the 13 year old girl testified that Kamimbi indecently assaulted her when she was going to get school books from his grand daughter who is her friend and whose house is a few meters away from the accused’s house.
She said when Kamimbi who was at the time collecting money from people drawing water at the mono pump asked her where she going, she responded that she was going to her friend’s place who is Kamimbi’s grand daughters.
She said he then asked her to go with him to his house so that he could give her something to take to his granddaughter.
“I then went with him to his house and stood by the door as he went inside. He came out of the house and stood by the door and handed me something which was in his closed hands,” she said.
He stretched his hand out to me and asked me to get it but as I reached he grabbed and pulled me inside his house and shut the door,” she narrated.
She said after that he started unzipping his trousers and she started moving backwards and in the process fell on a Morris Sofa and heard people outside the house calling out her name.
As I tried to shout for help to the people that were calling me, he covered my mouth and asked me why I was refusing to give him tomatoes when his granddaughter gives him tomatoes.
She further explained that the people that had gathered outside continued shouting out her name and as they knocked on the door continuously asking the accused to open the door and let her come out because a neighbour, Harriet had seen him pull her inside the house.
“After realising that people had gathered outside his house he hid me under his bed in his bed room and went to open the door and my sister and Harriet who were among the people asked him if I was inside the house but he repeatedly said I was not there,” she narrated.
My sister and Harriet then forced their way inside the house and come straight to the bedroom where he had hidden me and they found me coming from under the bed,” she narrated.
The court also heard that a defense witness, Emildah Kamimbi testified that her grandfather could not do such a despicable thing to a child.
Magistrate Musonda then told the court the state had proved beyond doubt that the accused was guilty of the offence.
He however said his court had no jurisdiction to give a sentence and committed him to the high court for mitigation and sentencing.