Kajiado pastor handed 70 years for defiling two minors

A pastor has been handed 70 years for defiling two minors.

James Njuguna Kuria of First Born of the Holy Spirit Church in Ngong, Kajiado County was handed the sentence by Milimani Magistrate Carolyne Muthoni Njagi after being convicted of rape and indecent assault.

Magistrate Njagi, who convicted Kuria for defiling a 14-year-old girl and an 11-year-old boy, said: "The courts will not sit idly by while children are violated by people who are supposed to protect them.”

The magistrate said the offence called for severe punishment and sentenced him to 50 years in prison for defiling the girl.

She sentenced the pastor to 20 years in prison for defiling the boy.

Both sentences will run concurrently. 

The magistrate noted that the offender was "a spiritual leader who is supposed to be the moral guide of the society".

In mitigation, defence lawyer Peter Ombati urged the court to consider that the accused was mentally challenged.

"The accused person suffers from maniac depressive psychosis which manifests as bipolar disorder and should be treated as a mental case," Mr Ombati told Ms Njagi in mitigation.

Mr Ombati added that the accused had been receiving treatment at the Mathari Teaching and Referal Hospital since 2005.

"Having been convicted of the serious offences, the accused needs treatment as he is suffering from a mental illness," Mr Ombati beseeched the court.

He produced medical treatment records and recommendations from doctors who treated him.

"I urge this court to show leniency in view of the accused's mental condition," Mr Ombati urged.

He said the convict regretted the offence and was remorseful.

The lawyer said Kuria was in his late 30s and is married with one child.

Physically challenged elderly mother

"The accused is the sole breadwinner for his family and takes care of his physically challenged elderly mother. I urge this court to consider his plight and show mercy," said Mr Ombati.

In her sentence, Ms Njagi said Kuria had betrayed the trust the minors had placed in him when he "turned against them and abused them".

She said the pastor had sexually abused the girl between January and July 2014, impregnating her in the process.

The said pastor then visited the victim at her home and hit her on the stomach with a fork jembe to terminate the pregnancy.

"The pastor did the unthinkable, he hit the girl with a jembe to terminate the pregnancy," Ms Njagi said in her ruling.

The magistrate said the girl had gone through a harrowing experience of becoming a young mother at a tender age.

The court said it believed the girl and was convinced beyond doubt that she had no reason to accuse "the man of God".

In her testimony, the girl told the court that she often prepared tea and took it to the pastor's house.

During these times, the pastor would jump on her and have carnal knowledge with her.

Ms Njagi gave the rapist 14 days to appeal.