Martin Nyota

On MAY 23rd, 2021, at the height of Covid pandemic. The government had effected a nationwide night curfew except for persons offering essential services.

In the upmarket, Kitisuru estate, - two sisters Mary and Jane (not their real names) are bored at home like all other teens. Jane if 16 and a half years and Mary is older.

At around 10pm Jane asked Mary if they could do something fun. Mary calls a friend called Peter (not his real name) but his phone is off. She then calls Brian and asks him if he is with Peter.

Mary then tells Peter she wants to go to his place and Peter agrees. At 11pm when the parents are dead asleep, the girls, dressed in pajamas, breakout of the home. Once out, they beat the police roadblocks and make it to Peter’s house at Bell Crest Apartments in Kileleshwa. There they find Peter and Brian. What follows is a night of “fun”.

At some point, Brian and Jane retreat to a guest bedroom for more personalized fun as Mary and Peter were busy in the kitchen cooking.
Brian and Jane were meeting for the first time. They then all go back to the living room and continue playing games, eating and drinking. The girls left for their Kitisuru home at 4am when parents were still asleep.

At home Jane headed to the bathroom, took a shower, changed clothes and slept. For her, it was a night to remember.
For Brian, trouble had just started.

That same morning, the girls’ father confronted them on the night escapade. The father is a big guy in Nairobi but I leave that there.

Then the story starts to unfold. Jane discloses that Brian had s*x with her that night. The word is defilement. The disclosure shocks the parents who immediately swung into action.

Jane was “rushed” to Nairobi Women Hospital. Tests done, treatment and all medical intervention. From there, the matter was reported at Kilimani Police Station. Jane recorded a statement.
Brian was summoned to the station. He presented himself there and was immediately locked up.
On May 31st May, 2021 Brian was arraigned before a magistrate court at Kibera Law Courts, charged with defilement and an alternative count of committing an indecent act with a child, by touching her private parts. His world started crumbling right in his eyes. He could not believe what was happening, If only he could reverse time.

Brian’s family hired two renown lawyers. Trial started.
Six witnesses were lined up - Jane, Mary, Peter, the girl’s mother, female police investigator and the doctor.

Jane was the first on the stand. She narrated everything, how they planned the breakout, how they went to Peter’s, and all details of that night.

Apparently, Mary and Peter knew each other but Jane and Brian met for the first time that night.

Jane told the court that Brian pushed her into the inner room and defiled her. She said Brian pinned her down, undressed her and
went ahead to defile her. She tried screaming but no one went to her rescue.

She said a few minutes later, Peter came into that room and found both her and Brian naked and left. Jane said she then dressed up and went back to the living room where they continued playing more games and drinking.

On the way home, she informed the sister what had happened. She was crying at the time. The sister called Peter and asked him if he knew that Brian had defiled Jane. The girls disclosed to other friends.

Later that morning Jane went to her mother’s office and informed her what had transpired and that’s how action was taken.

The defence lawyers cross examined her on why she had decided to break curfew rules to go to Kileleshwa and why she had indicated in her statement that she was taking juice only to admit that she was taking alcohol (gin). She also confirmed that she had been taking alcohol since she was 13 years.

She said she did not disclose her age to Brian and it was their first time to meet.
The lawyers argument was that Jane willingly engaged in the s*xual act with Brian.

She did not raise alarm when it happened and in fact she sat and continued playing games thereafter. She only informed the sister in their car on the way back home and only disclosed the alleged defilement after the parents questioned her on the previous night.

Mary told the court she knew both Peter and Brian. She had been hanging out with them earlier in the day 23rd. She got back home at 9.30pm and the sister told her she was bored and wanted to go out. That’s when she called Peter and told him he wanted to go and “chill” at his place. The two girls drove out at 11pm, beat the police blocks and got to Kileleshwa.

She introduced Jane to Peter and Brian as her younger sister. Then they embarked on the drinking and eating as they played games.
Mary said she then went with Peter to the kitchen to cook leaving Jane and Brian playing and drinking in the living room.

On coming back they found Jane and Brian missing in the living room and started looking for them in the house.

Mary said she found Jane in one bedroom laying on the bed and scrolling her phone. Upon asking her what she was
doing Jane said she was chilling.

On cross exam she said she did not disclose Jane’s age to the friends but only introduced her as younger sister. And she did not take any action when she learned that Jane had been defiled by Brian.

The lawyers argued that Mary understood that Jane had not been defiled and that’s why she did not take any action. She and Jane slept till 11am following day and only when they were confronted by the father she disclosed that Jane had allegedly been defiled.

The girls mother testified that on 23rd evening she had dinner with her family and Jane was present. She then went upstairs
to take the younger children to sleep and later slept at 11pm.
The following morning, she woke up and left for work.
At around 10am, Jane called her and asked if she could go back home as she had something to tell her. The mother asked her to go to her office. At around 11 am, Jane went to her office
accompanied two friends. She told her that she had been s*xually molested. The mother then took her to Nairobi Women’s Hospital for examination and later went to report the matter at Kilimani police station.

The mother said she did not know that her daughters had left the house the night of 23rd. She didn’t know Peter or Brian. The girls sneaked out of the house when the parents had already slept and sneaked back in at around 4am when they were still asleep.

Peter said he knew Mary but met Jane for the first time on that night. Jane was introduced by Mary as younger sister. He said he offered the two girls drinks in his house and they played games.
After some time, he and Mary went to the kitchen to cook.

Jane and Brian were left in the living room playing and drinking.
Peter said after some time he went back and did not find them in the living room. He went to the guest bedroom and found them naked. He shut the door and went back to the kitchen.

A few moments later, Peter and Mary went to the guest bedroom where they found Jane and she told then she was chilling. They all later continued playing games as they ate and drunk.

Peter said when he found Jane in the bedroom she was relaxed and chilling on the bed and did not need any rescuing or any help.

The investigating officer said she went to the scene of the alleged crime after 5 days. The doctor produced medical reports.

The defence lawyers made efforts to discredit the investigations and the medical evidence pointing out all possible contradictions. But their main line of defence was that Brian had a reasonable basis for believing that Jane was above 18 years.

One, she had managed to bypass the curfew and walked around at night, an indication of maturity. Two, Mary had introduced her to Brian and Peter as her younger sister and that didn’t mean she was below 18. Three, the two girls took alcohol hence Brian could not have thought that Jane was a minor especially since Mary knew she shouldn’t have included a child in the party.

The defence team submitted that Jane’s behaviour and conduct during their interaction was suggestive of an adult and as such it was reasonable for Brian to presume that she was of age at the time.

To me, this simply means the defence was admitting to the s*xual act and only raising the defence of presumed maturity as provided in law. That is walking a very thin line.

In the case of Francis Omuroni -vs- Uganda, Court of Appeal
Criminal Appeal No. 2 of 2000, it was held that:
“In defilement cases, medical evidence is paramount in determining the age of the victim and the doctor is the only person who could professionally determine the age of the victim in the absence of any other evidence. Apart from medical evidence age may also be proved by birth certificate, the victim’s parents or guardian and by observation and common sense.........”

The defence argued that Brian presumed that
Jane was of age from observation of her conduct and
common sense. They asked the court to acquit him as he was a victim of circumstances.

I have not seen the judgement but my sources tell me that early this month Brian was sentenced to 15 years in jail and is preparing his appeal. Jane, who is now 19 years plus, has already relocated abroad pursuing further studies.

Was justice served for the boy child?

Martin Nyota Social Service

John Matara, is the suspect arrested in connection with the death of Scarlet Wahu.

Two months ago, A lady friend (name withheld) had an encounter with him.
According to her, they met on a dating site and John used to send her alot of money before they met.

On the final day of meeting John Matara booked an airbnb.
As usual, they carried out the HIV tests, of which both were negative.
They went ahead to romance, where John undressed her.

While naked, John got out a knife and demanded 50k from her.
Even though they carried out the HIV test, John told her he wouldn't touch her or lay her!
Lucky her.

This girl was only lucky because she managed to raise 50k and gave it to John...
She also narrates that John picked her parents phone number and before John left, he asked her to rub her c**t while naked as he took a video of her, so that he could leak incase the girl dared to report him!!
Further, John tightly tied this girl with a rope and left her inside the room, as he closed the door from the outside.
The next day, the lady was "rescued" by mama fua who came in to clean the room.

It is believed that John matara has a group of 11 men and they cruise in high end vehicles..and before they meet you they really spend on you..but after they meet you.. it's another story.

It's also believed that they target the hot babes in social media, especially Instagram, who look like they are "loaded"

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