A member of the Migori County Assembly has been sentenced to 15 years in prison for defilement.
Subsequently, Lucas Masa Hura from Kuria East sub-county has “technically” lost his seat unless a higher court reverses the conviction upon his appeal.
The politician was sentenced at the Rongo Law Courts after he was found guilty of defiling a 13-year-old minor.
He had been charged with defiling a Class Six pupil on May 11, 2014.
The MCA was also sentenced 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.
DRAGGED INTO LODGING
The girl had narrated to the court how Mr Hura dragged her into a lodging identified as Sadam Bar and Restaurant at around 7pm where they were both accosted by police officers from Ntimaru Police Station following a tip off.
“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 the lodging,” the girl told the court.
According to the girl whose name has been withheld for legal reasons, 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.
The MCA represented himself in court after dismissing his lawyer as “not being serious.”
He told the court that on the day when he was said to have committed the act, he was at his home celebrating the arrival of a new-born son.
He presented witnesses who said they were with him until 9pm, two hours after the said incident took place.
“I never saw the police officers accusing me. 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 the lawful custody of two policemen who were guarding him after the arrest.
TAKEN FOR SCREENING
Medical officers 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.
In her judgement, Rongo Senior Resident Magistrate Purity Rugut said: “Whereas the evidence of Government Analyst showed that there was no link between the 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,” read the judgment.
“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 court ruled.
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.
During mitigation, the MCA said he was the sole bread winner of his family and pleaded for a non-custodial sentence.
The Rongo Law Courts were cordoned off by a contingent of policemen who ensured that there was no interference during the ruling that took over 30 minutes.
The case was supposed to be heard at the Kehancha Law Courts in Kuria but authorities took caution against possible crowd hostility and moved it to Rongo – more than 100 kilometres away.