In a move to curb the increase of rape, incest and defiling cases in Malawi, the Kasungu First Grade Magistrate Court sitting at Kasungu on Monday, 28 November, 2016 convicted and sentenced Bosta Liyaya, 29, to 12 years jail term for defiling his own two daughters of the ages 7 and 9.
Presiding over the case, Kasungu First Grade Magistrate, His Worship Damiano Banda heard that Liyaya had been sleeping with his two biological daughters since 2014 and that he used to threatening them never to open up their mouths on the matter.
The court also heard that Liyaya at one time threatened his wife also to keep her mouth shut after she had caught him red handed defiling his 7 year old daughter saying that he would handsomely deal with her if she dared to spill the beans about his heinous act.
“Fearing for her own life, she kept her mouth shut until November 22nd, 2016 when one of his daughters approached the wife of their neighbour and revealed their father’s behavior claiming that they were tired of his inhuman acts on them”, said Kasungu deputy police publist Harry Namwaza.
He added, “realising the danger Liyaya’s behaviour could pose to the young girl’s lives, the woman reported the matter to the victims mother and advised her to report it to the police”, he concluded.
Liyaya was arrested on November 23, 2016 and was charged with two counts of Defilement which is contrary to section 138(1) of the Penal Code.
In court, Liyaya pleaded guilty as charged, however requested the court to exercise leniency on him being the first offender.
However, Kasungu Police Station Prosecution Officer, Inspector Jennings Mkandawire quashed Liyaya’s plea for for leniency describing his behaviour on his own daughters as morally daunting. Mkandawire further equalled Liyaya’s behaviour to that of a vicious beast that couldn’t be treated with a kid groves.
He then told the court that the suspect deserved a stiff sentence that would send a loud warning to other would be offenders.
Before announcing the sentence, Banda concurred with Mkandawire and added that people of Liyaya’s behaviour do not deserve leniency by also considering the circumstance he committed the offence and ages of the victims.
He therefore slapped Liyaya with a 12 years jail term on each count to run concurrently.
Bosta Liyaya comes from Chiswe village under Traditional Authority Chikumbu in Mulanje district.