law

MCA jailed 15years for defiling a minor

Member of County Assembly was sentenced to 15 years imprisonment over a defilement offense by a Migori court on Friday.

Lukas Masa Hura will also serve a separate three month jail term or pay a fine of sh10, 000 after he was convicted for an offence of escaping from custody on a day he was arrested for defiling a 13-year-old schoolgirl in Kuria East Sub County.

Rongo Senior Resident Magistrate Purity Rugut said the prosecution had proved beyond reasonable doubt that Hura, who served as a County Representative for Ntimaru East Ward, had committed the offence of defiling the class six pupil at a local primary school.

“The Prosecution had effectively showed through the evidences adduced before court that the accused had assaulted the minor on May 11, 2014,” said the Judge in her two hour judgment.

The Court had earlier heard that the MCA committed the offence at a lodging where he had forcefully dragged the girl into the room after he lured her into the premises.

Details provided to the prosecution by the minor indicated how the politician held hostage the victim for several hours before she was saved by Police from Ntimaru police station who had been alerted by members of the public at around 7pm.

In her long narrative to the court, the girl had earlier stated that she had gone to collect charcoal and vegetables from her mother at Ntimaru market but while on her way back home, the MCA pounced on her and dragged her into a nearby bar before pushing her into a room where he defiled her.

But the accused who made a self-defense in court after dropping his long time lawyer on accusation of not being serious with his case told the court that on the material day, he was at his home celebrating a newborn son.

“I never saw any police officers then, and if I had done anything wrong, they would have come for me. They only arrested me on May 20, 2014 while I was headed for the County Assembly in Migori Town,” he said.

But a report by police had indicated that after he was arrested, he managed to escape from two policemen.

A medical officer from Ntimaru District Hospital, where the girl was taken for screening to ascertain if she was defiled, testified in the case and told the court that the alleged act was confirmed after the victim was presented at the facility.

The medical officer testified despite failure by the Government Chemist to establish a DNA link between the fluids taken from the victim’s linen and those of the accused politician.

Magistrate Rugut said: “Whereas the evidence of Government Analyst showed that there was no link between DNA profile of the accused person and prosecution witness number one(the girl), the medical evidence of Prosecution witness number six(the clinical officer from Kehancha District Hospital) confirmed that the girl’s hymen was broken subsequently corroborating the evidence.

“Although the accused is a first offender and I do reckon that the court’s hands in sexual offences are tied. I proceed to sentence him for 15 years in jail for defiling the minor,” the magistrate said.

The Rongo law courts were cordoned by a contingent of policemen who ensured that there was no interference during the court process that took over 30 minutes.

The case was supposed to be heard at the Kehancha Law Courts but authorities took caution against crowd trouble and moved it to Rongo more than 100 kilometers away.

– The Star

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