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Farmhand gets life for defiling sisters

08 November 2013, 11:44 Joseph Njung’eh

Nyeri - A man will spend the rest of his life in prison after a Nyeri court sentenced him to life imprisonment Wednesday for defiling and indecently assaulting two underage girls.

Chief Magistrate Wilbrodah Juma found James Maina Macharia guilty of defiling a 9-year-old girl and committing an indecent act with her 4-year-old sister on January 3 and 8, 2013 respectively.

He is said to have committed the offence at Gichira sub-Location in Tetu cub-County, Nyeri.

The first complainant, a class four pupil, told the court that Maina, who was employed by her grandfather as a farmhand, called her to his house as she was going to cut grass for their cow and undressed her before committing the act.

She told court that Maina afterwards asked her to remain silent about the matter promising to give her money and offer her juice, cakes and biscuits.

It was her elder sister who disclosed the matter to their parents.

She said it was the second time for Maina to defile her.

The elder sister, 16, told the court that she found her youngest sister lying on Maina’s bed as he stood beside it. She had gone to call him to milk their cow.

The second complainant had also been sexually assaulted by the accused person, the court heard. A doctor’s report indicated that the two had been sexually assaulted.

In defence, Maina denied the offence, saying the police had been bribed to frame charges against him but could not substantiate the claims as he failed to produce the person who had bribed them.

The magistrate however dismissed his mitigation of mistaken identity since he had been well known to the children and their parents.

Thus, according to the court, the minors could not mistake him for someone else and neither did they have any motive of giving false information against him.

The magistrate said the court was satisfied since the prosecution had proven the case beyond any shadow of doubt, observing that the children had been unfairly robbed of their naivety by the accused who enticed them with goodies so that they could remain silent about the matter.

Maina in addition was handed a 10-year-jail term for indecently assaulting the second complainant.

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