- Prosecution counsel Rebecca Bartiloi strongly objected to the accused being release on bond.
- The magistrate ordered the case to be mentioned on July 22 when a hearing date will be set.
A father of three was arraigned in a Kabarnet court charged with defiling his 13-year-old Grade 7 daughter.
NK is accused that on diverse dates between April and July 2024 at Kaprogonya village in the outskirts of Kabarnet town in Baringo Central sub county he willingly and unlawfully defiled the minor who was to his knowledge his own child.
The middle-aged man appeared before senior resident magistrate Edwin Mulochi on Monday and was charged with defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act, 2006. He denied committing the heinous crime.
“Your honour, the accusations levelled against me are false,” the man who seemed to be conversant with Kiswahili said.
Prosecution counsel Rebecca Bartiloi strongly objected to the accused being release on bond, noting that his continued stay in custody would safeguard him from being lynched by the community. Bartiloi told the court residents had administered mob justice on NK before he was rescued by officers from Kabarnet police station.
The prosecutor stated that the nature of the crime and the need to protect the complainant justified keeping the suspect custody as they await for prosecution witness statements to be recorded and submitted as well as medical examination findings.
“The accused should remain in custody as we await the complainant to record statement and the medical examination report to be released,” Bartiloi stated.
Mulochi in his ruling considered the prosecutor’s arguments and the severity of the charges and gave orders that the accused remained in custody pending further legal proceedings.
The accused was said to be staying with the children after he separated with their mother.
Four prosecution witnesses are expected to testify against the accused when the trial commences.
The magistrate ordered the case to be mentioned on July 22 when a hearing date will be set.