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Monday, 15 October 2012

Ex-MP's bush sex tale

Maitha's bush sex case
could end political career

By Bonface Wambua

A case  arousing great enthusiasm in a Kangundo court may well define the future of former Kangundo MP Moffat Maitha in politics.
Ex Kangundo MP Moffat Maitha and his co-accused

The former legislator may well be jailed for not less 20 years if he found guilty of defiling the 15 year girl in the bushes of Kamutini. Secttion 8(3) of the Sexual Offences Act provides that one would be jailed for not less than 20 years if convicted of defiling a girl of between 12-15 years.
Maitha faces an alternative charge of  indecent act with a child contrary to Sec 11(1) of the sexual offenses Act no 3 of 2006. The law provides that if convicted, a suspect can be jailed for a minimum of 10 years of for life, depending on the circumstances.
The charges against the former MP state that on diverse dates between June 10th and 23rd of the same month this year at Kalandini location of Matungulu District of Machakos County, he defiled the school girl aged 15. So shameful is the charge that Maitha could not collect his head to face the courtroom and kept on facing down to avoid the cameras.
His co-accused, Ms Veronica Nthenya faces charges of benefiting from child prostitution contrary to Sec 15 (d) of the sexual offenses Act no. 3 of 2006. Veronica is said to have been the link between Maitha and his alleged victim. The hearing of the case commenced in a dramatic pitch, with the minor confessing that she had sex with the former legislator. The criminal case number 19 of 2012 has listed at least sic witnesses who include her mother, two doctors who examined her and police officers who investigated the matter.
It remains curious why it took the police so long to impeach Mr Maitha in court, bearing in mind that the offence allegedly took place in June 2012
The girl, a standard eight pupil at Kisukioni Primary school in Matungulu district told Kangundo Resident Magistrate Mr Japhet Bii in a closed court that she was introduced to the former legislator by Maitha’s co-accused, Ms Veronica Nthenya, is a close friend to the girl.
Even as the case was being heard in camera, hundreds of curious villagers thronged the court precincts to witness this trial that has send tongues wagging in the populous constituency where Mr Maitha, a former schoolmaster and Machakos Knut Branch Executive Secretary is seeking to make a come-back to Parliament.
His enthusiastic supporters could not let their leader be photographed by the press. They wrapped him up in bed sheets one of them had carried  to obscure his face and spirited him into a waiting vehicle. All this could end if the court finds him guilty.
The girl, who is the key witness in the case, told the court that on June 10 2012, Nthenya took her to an area called Kamutini where Maitha, who was driving alone in his car picked them. The court heard that the three drove along and stopped after a short distance where Maitha and the girl alighted from the car, leaving  Veronica waiting in the car.
“Moffat and I alighted from the car, left Nthenya behind and proceeded to nearby bushes where Maitha asked me to take off my clothes, and he also took off his and we had sex”, the girl said.
The girl explained that after having sex with the former MP, they proceeded back to the car and drove off. “He gave me Sh 200.00 after having sex with me before dropping us near the gate to his home,” said the girl in a coy composure, adding that Nthenya also asked her to take a shower after the incident.
Prosecutors must prove assemble evidence that the victim was defiled and that it is the former lawmaker who penetrated the girl in the circumstances shown in the charge sheet to secure a conviction
Maitha, who was represented by two lawyers, Thomas Kuria and Priscilla Kioko kept steadily dodging cameras when he first appeared in the dock.

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