ALLEGED DEFILEMENT

Oral sex charge with minor improper - magistrate

He says prosecution should find a better charge, frees suspect on bond

In Summary

• Accused charged with defiling minor in his taxi, other drivers in Mombasa  defend him

• Court blocks plea taking, tells prosecution to find a well-researched charge

A Mombasa-based taxi driver arrested on Tuesday for allegedly forcing a minor to perform oral sex on him has been released on bond.

Shanzu senior resident magistrate Yusuf Shikanda argued that the charge of indecent act with a minor against Fredrick Njenga Mungai was improper and the prosecution should amend it.

According to the prosecution, Mungai on July 15 unlawfully forced a 13-year-old boy to perform oral sex on him.

 
 

The prosecution charged Mungai with committing an indecent act with a child, contravening the Sexual Offence Act 2006. 

However, Shikanda did not allow Mungai to take a plea, arguing that the charge is improper. He told the prosecution to find a well-researched charge. 

However, he did not elaborate on what the charge should be.

He released Mungai on Sh100,000 bond or Sh50,000 cash bail and directed the prosecution to present the matter on July 23.

Mungai told the court he has a young family that depends on him solely. 

Taxi drivers in Mombasa say Mungai has a clean record.

"He has worked for Uber for more than three years. He has over 9,000 trips and a 4.7-star rating. Why would he do such an act?" one of his colleagues asked outside the court.

 
 

They said the boy's family of falsely accused Mungai of grave allegations.

It was reported that Mungai had been contacted on Monday evening to pick the Standard 8 pupil from Light Academy and drop him off at their home in Bombolulu.

According to the boy's family, the taxi driver then allegedly parked the car at the roadside a few metres from the boy’s home and defiled him. 

The boy later narrated what had happened to his parents.

The parents reported the matter to Nyali police station and took the child to Coast Provincial General Hospital.

On Tuesday, police officers tracked Mungai using his phone signal to Nyali Mall where he was arrested at around 10am.

Edited by R.Wamochie 

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