A Machakos court has ordered the detention of a man and his son who are accused of defiling an 11-year-old girl in Kathiani for four years.
The two are 70-year-old father James Muia (the girl’s grandfather) and 28-year-old Benjamin Mutinda Muia (the girl’s uncle).
On Thursday, they were arraigned before Senior Resident Magistrate Brenda Bartoo and charged with incest, inappropriate touching of a minor and defilement.
They denied the charges but the court ruled that they be detained for 5-7 days to allow police complete investigations.
The court was told that the two accused could interfere with investigations if they are released on bond since they are related to the girl who was defiled.
They are to appear again in court on August 4 and again on August 6.
A person found guilty of defilement of a child aged eleven years or less risks life imprisonment.
In terms of charges of incest, the law states that: “Provided that, if it is alleged in the information or charge and proved that the female person is under the age of eighteen years, the accused person shall be liable to imprisonment for life and it shall be Incest by male persons. 14 No. 3 of 2006 Sexual Offences Act Rev. 2009] immaterial that the act which causes penetration or the indecent act was obtained with the consent of the female person.”
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