Court jails Migori MCA for 15 years after he was found guilty as charged of defiling a 13-year-old minor in Ntumaru town.
Lukas Masa Hura who until the day of his conviction was serving as a County Representative for Ntimaru East Ward, Kuria East Constituency, Migori County was charged that on May 11, 2014, that he intentionally defiled the girl who the court was told was a class six pupil at a primary school in the area.
The MCA was also convicted to three months imprisonment or a fine of Sh10, 000 after he was found guilty of escaping from lawful custody on the same day he was said to have committed the offence.
The defilement victim had earlier narrated to the court how the politician dragged her into a lodging that was identified as Sadam Bar and Restaurant at around 7PM where they were both accosted by the police from Ntimaru Police Station.
The girl told the court that she had gone to her mother and she had given her charcoal and vegetables to take home where her three other siblings were and on her way, she heard someone whom she had never seen before run after her. He then held her hand and pulled her into lodging.
According to the girl, the MCA then sent another lady who had opened for them a door into the lodging and ordered her to bring beers and a soda.
She also told the court that the MCA had tried to bribe policemen who gained access into the room with sh4, 000 but they declined to take the money.
During the trial the MCA stood for himself in the defense after termed his lawyer as “not serious.”
He told the court he was at his home celebrating the birth of his newborn son, on the day when he was being said to have committed the act, and he even produced witnesses who said indeed they were with him until 9.00 pm; two hours after the said incident took place.
But a report by police had indicated that after he was arrested, he managed to escape from the lawful custody of two policemen who were manning him after the arrest.
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.
In her judgment, Rongo Senior Resident Magistrate Purity 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.
The court ruled that the prosecution case therefore stands its test in law and the accused person is accordingly convicted under Section 8 (1)(4) of the Sexual Offences Act.
The case had earlier suffered another setback after the mother of the defilement victim turned against the prosecution, prompting the court to declare her a hostile witness.
The owner of the lodging where the act was reportedly conducted also could not help the prosecution in advancing the case.
During mitigation, the MCA said he was the sole bread winner of his family and pleaded for a non-custodial sentence.
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. 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.
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