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Sub-chief accused of impregnating girl wins case

By Kamau Muthoni | Updated Thu, December 22nd 2016 at 00:00 GMT +3
The man got off the hook after a 15-year court battle with the girl and her father who had demanded payment.PHOTO: COURTESY

An assistant chief who has been fighting off a Sh80,000  demand for allegedly impregnating a girl has finally won.

The man got off the hook after a 15-year court battle with the girl and her father who had demanded payment.

Payment was to be in terms of 20 goats, at a cost of Sh2,000 each, six rams at Sh3,000 each and an additional Sh22,000 as compensation for college fees allegedly wasted during the pregnancy, a claim placed under the Kikuyu customary law.

"The trial court was correct to dismiss the appellants' case (the girl and father). I'm in agreement, therefore, that this appeal is lacking in merit and therefore dismissed," High Curt judge Mbogholi Msagha ruled.

It all started before the magistrates court in 2001 where the lower court, after hearing all parties, ruled in favour of the sub-chief, noting that the girl could only be compensated if there was proven friendship between the two.

The father and his daughter filed an appeal before the High Court lamenting that the assistant chief had owned up and agreed to pay up on October 28, 2001, but justice failed to lean on their side a second time.

The court heard that several men were sent to the man to confront him with the allegations and upon admitting, he signed a compensation agreement but he defaulted.

Justice Msagha found that there was no proof to convince him that the man ought to be forced to pay for the pregnancy, which resulted in the birth of a baby boy.

"Whereas pregnancy compensation is allowed under Kikuyu customary law and perimeters settled, proof was lacking in this particular case," the judge noted.

In the case, the girl, a staunch Christian, claimed she was raped by the Government officer.

She testified that on July 15, 2001, a Sunday, she attended a music practice in her local church.

The court heard that once the girl was done with the practice, she realised that the church keys, which were entrusted to her, were missing.

This was late in the evening and the man allegedly offered help and escort.

She added that on their way home, a day described as cloudy and chilly, the assistant chief forced her into a bush near a river and raped her.

The judge heard that she hid the alleged incident from her parents and did not report it to the police.

 


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