www.Kisii.Com: Syndicated news from only reputable sources [Nation, and Standard Newspapers, Kenya Times, KBC, etc.]

HIV positive man jailed for defiling niece

Details

Published on Monday, 07 December 2009 18:37

A man living with HIV has been jailed for 20 years by a Kisii court for defiling his niece.Zablon Marucha, 39, was convicted on his plea of guilt by Kisii Chief Magistrate Maxwell Gicheru. He committed the offence at Nyatieko, Kisii District on November 22. 
After defiling the Standard Eight pupil, Marucha, a father of two, told her he was sorry for infecting her with the killer disease. He was arrested and together with the complainant they were taken to hospital where he tested positive for HIV. The minor was immediately put on treatment.
The prosecutor told the court that the girl had been splitting firewood when Marucha offered to assist. "He demanded payment in kind but the girl refused," he told the court. He gagged her mouth and then defiled her.
"After defiling me he simply said he was sorry for infecting me with HIV and walked away," the girl said.
She reported the incident to her mother who informed area assistant chief who arrested the suspect.
A clinical officer from Kisii Level Five Hospital confirmed that the girl had been defiled. But Marucha claimed the girl had asked him to have sexual intercourse with her. "When I declined, she persuaded me," he told the court and denied being HIV positive.
He asked for forgiveness saying he was a sole breadwinner of his two children after his wife left him five years ago.
However, the magistrate said the girl is under the age of 18 and therefore cannot give consent to sex.

A man has been fined Sh3,000 by a Gucha court for stealing a bunch of bananas worth Sh250. Changara Ondieki Mochama pleaded guilty before Ogembo Senior Resident Magistrate Lily Nafula.The court heard that the accused stole the bunch belonging to Eric Kenyanya at Bondonya village in Gucha. Kenyanya said he heard some commotion in his farm and found the accused stealing. He raised alarm and the public arrested him and recovered the bananas.

Probation officer James Ooma told the court that the accused was a habitual offender who had stolen farm produce before and that he had earlier defaulted non-custodial sentence.
In mitigation, the accused prayed for leniency saying he stole because of hunger.
Nafula ordered him to pay Sh3,000 or three months imprisonment.