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Kenyan jailed for life after raping daughter

Posted by jambonewspot on December 19, 2009

NYAHURURU, Kenya, Dec 19 – A 31-year-old man will spend the rest of his life behind bars after a Nyahururu court found him guilty of defiling his own daughter, aged two and a half years.

The court heard that on the dawn of May 25, 2008, John Kamau Gatogo sneaked out of his bed as his wife slept and went to the baby’s cot, where he committed the heinous act.

The accused also faced an alternative count of indecently assaulting the minor by touching her private parts. The incident took place at Gikingi village in Laikipia West district.

Reviewing the evidence adduced by five witnesses, Nyahururu resident magistrate Caroline Obara said the baby’s mother was woken up by her daughter’s cries and went to see what was wrong.

She told that court that she found her husband dressing up quickly. He then took his bodaboda and left for work but returned home at about 11 am, where he denied doing anything bad to his daughter.

The mother saw that her little girl was bleeding profusely and rushed her to the Nyahururu District Hospital for treatment, where she was admitted for one and a half weeks.

She also reported the case at the Ngomongo Administration Police camp and the accused was later arrested and then charged with the offence.

As an exhibit, the court prosecutor Paul Omweri produced a small blanket, a dress and panties with blood stains, as evidence in the case. Doctor Charles Muisyo Ngengi of Nyahururu District Hospital also testified and produced a P3 form as evidence.

The court heard that the couple married in January 2006 when the child was four months old.

Delivering the judgment, the magistrate said that the offence committed was serious and the law is very clear on the sentence to be imposed.

And in same court, a herdsman was jailed for six years for committing an unnatural offence by having “sex” with a cow.

Michael Waithaka Ndereba pleaded guilty to the offence of having carnal knowledge of his employer’s cow, when he appeared before Nyahururu Resident Magistrate, Caroline Obara.

The court prosecutor Paul Omweri said that the complainant’s wife Alice Wanjiku went to her cow shed and found the accused mounting the cow.

She raised alarm and the accused attempted to run away, but was arrested by members of the public and taken to the Oljoro Orok police station.

The offence was committed at Busara village in Nyandarua Central district on December 15.

The cow was examined by veterinary Doctor Lawrence Mureithi of Gatimu division, whom in his report he said that the cow was lactating.

Although the accused person had no previous criminal records, the magistrate said the offence carries a maximum sentence of 14 years. The accused was however given 14 days to make an appeal.
 

Source-Capital FM

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Kenya police kill kidnap suspects

Posted by jambonewspot on October 22, 2009

BY BERNARD MOMANYI

NAIROBI, Kenya, Oct 22 – Three suspected men believed to have kidnapped a businessman in Nairobi’s Dandora estate were shot dead by police on Wednesday night as they allegedly went to collect ransom.

The men in their late twenties or early thirties were accosted on Thika Road as they drove in a saloon car near the General Service Unit (GSU) headquarters at about 9 pm.

Police believe they were headed to Juja or Thika town where they were scheduled to meet a family member of the trader for ransom payment.

“Our officers acted on a tip off, we had information that they were part of the kidnappers who were headed to collect money they had been demanding. They must have realized they were being trailed and that is when they opened fire at the police,” said Leonard Omolo, police chief for Kasarani division.

“The fourth suspect fled and officers are looking for him,” he added.

Another senior officer who was involved in the operation told Capital News they were tipped off that the men were part of well-coordinated ring of kidnappers who have been holding the trader since Tuesday night while demanding a ransom of Sh 3 million.

“The initial plan was to trail them to the spot where they were headed to collect part of a ransom they had been demanding, but they sensed danger and attacked the officers who were trailing them, that is how they ended up being killed,” the officer said.

Mr Omolo said detectives had launched an investigation to establish the whereabouts of the rest of the kidnappers who were still holding the trader on Thursday.

The investigation was being coordinated by the Flying Squad and detectives from the Special Crime Prevention Unit (SCPU).

SCPU’s Richard Katola said an investigation had shown the trader was being held “somewhere in Dandora but the exact location was still unknown.”

It was the first time police shot and killed suspected kidnappers, several months after the new trend of crime was introduced in Kenya.

Police have previously arrested suspected kidnappers in a series of security raids conducted both in Nairobi and upcountry.

Some senior police officers were reported to be furious about the killing of the suspects, and advised that at least one could have been detained to help unravel the intrigues in the kidnapping ordeal and even direct them to their hide-out.

And with the killing of the suspects, police went back to the drawing board on Thursday to begin fresh investigation and the search for the abducted trader.

Source: CAPITAL FM

Posted in Kenya Law | 1 Comment »

Law review experts rule out rights for homosexuals

Posted by jambonewspot on October 18, 2009

As debate continues over the same-sex marriage of two Kenyan men in London, the team writing a new constitution on Sunday ruled out enshrining the rights of homosexuals. The Committee of Experts on Constitutional Review said it had rejected suggestions by British MPs to recognise and protect the rights of homosexuals in the draft.

“On several occasions some British MPs have approached us on the gay matter. They wanted us to include homosexual and lesbians’ rights in the draft. But we told them that such a thing cannot happen because if we did so, a majority of Kenyans will reject the draft during the forthcoming referendum,” said Mr Otiende Amolo, a member of the committee.

Two Kenyans living in London, Charles Ngengi (groom) and Daniel Chege Gichia, had a wedding on Saturday under the Civil Partnership Act, which recognises a union of people of the same sex. According to that law, a civil partnership is defined as a legal marriage between gay and lesbian couples, though those joined under the law are known as partners, as opposed to the traditional husband and wife.

The wedding of Mr Ngengi and Mr Gichia has outraged religious leaders here at home who described it as “unacceptable and unnatural”. Anglican Archbishop Eliud Wabukala said the union was nothing to celebrate.

“The union is abnormal. As an African and a church leader, I am ashamed. We should advice others not to do the same,” he said. Similar outrage was expressed by PCEA St Andrew’s Church moderator Patrick Mungiriria in his sermon on the family under attack.

Nominated MP and Muslim leader Sheikh Mohammed Dor described it as going against African traditions. He said the Quran, Bible and Hindu scriptures detest such unions. “It should be discouraged by all means. It is un-African and against our traditions. It’s unfortunate it is Kenyans who did it,” he said, and asked the government to take a stand on moral issues. China took a position a long time ago and “such things are not tolerated”, he said.

Sheikh Dor said if nothing is done, more will follow the example of the two men. Mr Amolo said the foreign MPs wanted Kenyan homosexuals and lesbians given the right to marry. The new constitution is supposed to cater for the interests of both the majority and minorities, he said, but same-sex marriages had been rejected by all religious groups.

“In the 5,000 memoranda we received from religious groups, they informed us that they will shoot down the draft if we include the gay rights,” he said. “The majority of Kenyans are opposed to same-sex marriages and anything to do with homosexuals and lesbians. The matter is considered unnatural in the society,” he added.

The lawyer was speaking at Sportman’s Arms Hotel in Nanyuki during a workshop attended by Kenya Correspondents Association members. The committee had organised the workshop for news correspondents to create awareness on the process of constitution-making and also to help in educating the public.

A Reuters correspondent, Noor Ali, had called on the experts to leave out the gay rights issue from the new constitution. “Gay issues are not acceptable in our society and therefore the experts should not waste time on such unnatural acts. How can a Kenyan marry another man when there are many women out there looking for men to marry them?” he posed.

SOURCE: Daily Nation

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