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Court hands MCA 15 years in jail for defiling minor

NYANZA
By Stanley Ongwae | January 10th 2015
Lukas Masa Hura who was convicted by Rongo Resident Magistrate Court for defiling a 13-year-old girl. [PHOTO: STANLEY OGWAE/STANDARD]

Kisumu, Kenya: A member of Migori County Assembly has been convicted to 15 years behind in jail after he was found guilty of defiling a 13-year-old girl.

Lukas Masa Hura, who until the day of his conviction was serving as a County Representative for Ntimaru East Ward, was charged that on May 11, last year, at Ntimaru Town in Kuria East, Migori County, he defiled the girl who the court was told was a Class Six pupil at a local primary school.

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 minor had earlier narrated to the court how the politician dragged her into a lodging identified as Sadam Bar and Restaurant at around 7pm where they were both accosted by the police from Ntimaru Police Station.

“I had gone to my mother and she had given me charcoal and vegetables to take home where my three other siblings were and on my way, I heard someone run after me. I had never seen the person before. He then held my hand and pulled me into lodging,” the girl told the court.

The girl said the MCA had tried to bribe policemen who gained access into the room with Sh4,000 but they declined. The MCA took to the defence stand alone after he termed his lawyer as “not serious”.

He told the court on the material day he was at his home celebrating the birth of his son, and even produced witnesses who said indeed they were with him until 9pm, two hours after the said incident took place.

“If I had done anything wrong, police officers would have come for me. They only arrested me on May 20, last year 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 police custody.

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A medical officer from Ntimaru District Hospital where the girl was taken for screening to ascertain if she was defiled testified in the case.

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 MCA.

In her judgement, 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 case had earlier suffered a setback after the mother of the minor turned against the prosecution, prompting the court to declare her a hostile witness.

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