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Friday, 8 February 2013

Alleged 'Ndukatavye mundu' author undeterred

Maitha bounces back
to contention in Matungulu
Court rejects sensetional ' Ndukatavye mundu' account

Maitha after being set free
THOSE who imagined that Mr Moffat Maitha would be ruined by his alleged sexual escapedes are in for a big shock after a Kangundo court acquitted the former legislator of two counts of sexual offenses in a landmark ruling.


Resident Magistrate Japhet Bii declared Maitha was not guilty of defiling a 15-year old girl, a pupil of Kisukioni Primary school in Matungulu District of Machakos County in diverse dates of June last year.
The court also ruled that the second count of indecent act leveled against the former MP could not succeed, owing to lack of credible evidence to sustain the first count of defilement.
In his ruling which was attended by scores of curious supporters of the former legislator, Bii alleged ‘serious inconsistencies’ in the evidence tabled by the key prosecution witnesses during the hearings. “I find great inconsistency in the pieces of testimonies given to this court by the key complainant in this case together with that of the second prosecution witness who happens to be her mother,” Bii declared.
The court further observed that the date in which one of the alleged incidences took place as narrated by the key prosecution witness coincided with the one Maitha, in his defense submissions, hosted a group of aspiring politicians in his home to map out political strategies. Maitha had produced minutes of the said meeting with political aspirants as an exhibit to defend his case. The time of the aleged meeting and that of the alleged crime were not however juxtaposed.
Maitha had also submitted that he believed the case had been set up by his political detractors considering he is interested in vying for the Matungulu parliamentary seat.
It also emerged in the ruling that a doctor who examined the key witness in the criminal case did not observe injuries on the complainant’s genitalia, and had concluded that the girl had had sexual experiences before.
Similarly, Maitha’s co-accused, Ms Veronica Nthenya who was charged with benefiting from child prostitution was also freed by the court for lack of credible evidence.
In her defense, Nthenya had argued that on June 23 last year, the date the key complainant alleges she was escorted to meet Maitha; she had been involved in preparing funeral arrangements of a friend, and denied having received any money from Maitha. She had produced a funeral program as an exhibit to back up her defense. Such programmes can however be obtained by anyone for funerals one is not involved in.
Immediately after the ruling, Maitha’s supporters broke into song and dance as they escorted him out of the court premises.
Outside the court compound, Maitha briefly addressed his supporters and declared that he is firmly in the race to parliament. “Those who wanted to see us jailed should prepare for a bruising political battle ahead,” declared a confident Maitha.
Maitha will now face off with other aspirants who have declared interest in the Matungulu parliamentary seat including Nairobi-Based Businessman, Tom Musau, former Machakos School Principal Peter Mackenzie, International IT consultant Stephen Ndambuki and Medical Engineer Stephen Mule. Maitha is running on a NARC ticket that he got on direct nomination.
The case was not short of drama though. The minor sentationally restified that the ex MP told her "Ndukatavye mundu"- do not tell anyone immediately after the alleged assault and gave her some Sh 200.
Later Maitha was to get some court protection as Mr Bii ensured that journalists did not cover the trial for the better part. prompting a protest by medai practitioners in Kangundo to the Chief Justice Dr Willy Mutunga. It remains to be seen whether this matter may pop up as Mr Bii faces the vetting process awaiting magistrates.       

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