The Director of Public Prosecution has urged the High Court to dismiss an appeal by a 59 year old American pedophile found guilty of defiling children in Kenya.
Terry Ray Krieger was sentenced to 50 years in jail by the then Senior Principal Magistrate Joseph Karanja.
Through Senior Assistant Prosecutor Duncan Ondimu, the DPP submitted that the evidence tendered before the trial court was not in any way discredited by the defence and Krieger readily pleaded guilty.
“Taking into account all the evidence on record adduced by the respondent and in the circumstances of the case, the Prosecution did discharge its burden,” Ondimu submitted.
Ondimu told Justice Justus Bwononga it was baffling how the pedophile expected never to be caught committing the heinous acts.
“In the present circumstances the sentence that was passed by the trial court was most appropriate to ensure ends of justice are met,” Ondimu added.
The acts
Krieger allegedly sexually abused Kenyan children and captured the images on tape.
According to the prosecution, the victims of the Krieger’s heinous crimes are very young children.
“The convict took advantage of their vulnerability. He preyed on the victims like an animal stalking its victim and never offered protection to the minors. He forced his experienced, ageing body into that of inexperienced, young, subordinate and dependent vulnerable victims,” Ondimu submitted.
The DPP asked the Justice Bwononga to reiterate the trial court’s message. The message that exposing young vulnerable children to sexual acts shall not be tolerated.
The court heard that by doing so, it will not in any way be making the convict a scapegoat. Instead, it will be sending a clear message that pornography exhibited by using vulnerable children is a crime. A crime that is legally punishable by harsh and severe sentence.
“The seriousness of the offence for which the convict was convicted is compounded by the age of the victims and the convict’s position of power and control over the vulnerable children,” the DPP said.
