Friday, 18 November 2011

Jailed for defiling sister

Man jailed for life
for defiling sister


By PURITY KALUMU


A 33-year-old man who raped his 17 year old sister while armed with a knife will languish in jail for the rest of his life after Machakos court found him guilty of the offence.

Before Machakos Chief Magistrate Mr Samuel Gicheru was James Maundu Kyania who denied charge that on February 14, last year at Kyakitone village in Kola location, Machakos County he had carnal knowledge of the minor without her consent.
Kyania who faced an alternative charge of indecent assault by touching the private parts of the victim also faced a second count of incest that on the material day he raped his biological sister.
Court prosecutor inspector James Mwangi told the court that on the day of the incident the accused and the sister complainant had been left in their home at 1.30, afternoon by their mother who went to their nearby shamba for some chores.
Inspector Mwangi  said the accused stormed their living house where the complainant was resting  and brandishing a knife, tore the girl’s under garments and raped her repeatedly.

On the mothers return from the farm, the daughter narrated her ordeal at the hands of the brother who by then had vanished from home. The mother reported the heinous act to Kola police post before rushing the complainant to Machakos Level 5 Hospital where she was medically examined and treated.

 The court further heard that on receiving the report, Kola police officers swung in to action in search of the accused whom  they flushed from his hide out the following ay before escorting him to Machakos Police Station where he was booked and charged accordingly.
Inspector Mwangi’s  account was  collaborated by the mother and her two other daughters who happened to be within the vicinity during the commission of the offence.
In passing sentence Chief Magistrate described the act of the accused as beastly and heinous considering that it was his young sister whom he sexually assaulted  instead of offering protection as is the norm.
Mr. Gicheru also noted that cases of sexual assault girl child molestation and abuse were rampant requiring  a deterrent sentence.
Kyania who was whisked to Machakos GK prison by court police and prison orderly was given 14 days to appeal.

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