A Catholic Church Priest accused of defiling a minor has been arraigned in a Kitale law court.
Father Daniel Gitau Waweru is accused of defiling a minor in Kipsaina area, Cherangany where he served as the priest.
The accused was charged that on diverse dates between 2021 and 2022, he committed an indecent act to a child.
A sickly and emotionally drained Fr. Waweru appeared before Resident Magistrate Irene Kabuteh on December 13,2024.
He was accused that on the diverse date of 2021 and 2022 he had sexual intercourse with his congregant aged 14 year.
The priest is also facing an alternative charge that on the same dates he forcefully penetrated his penis to the vagina of the minor contrary to penal code.
Fr Waweru using crutches while supported by his family members denied the offences.
There was a heated argument between the prosecution and defence counsel on whether the accused should be released on a bond.
The prosecution told the court that the accused person was a flight risk and there was a possible danger of his life over the crime he committed.
"You honour it took police officers 12 hours to track and arrest him after switching his phone off. Where he lives is a mystery and for the sake of his safety owing to the offence he committed he should be held in custody," argued the prosecution.
The prosecution further states that the Catholic priest being a public figure may interfere with witnesses.
But his defence advocate Richard Nyamu said there are no compelling reasons to deny the accused person a bond arguing that Fr. Waweru can be found in the diocese of Kitale.
"It is a mockery to justice to deny my client bond on grounds that he is a flight risk, as proven by the prosecution, there is no evidence that members of the public are baying for the priest's blood or intention to harm him. The prosecution has not also provided this court the avenue the accused person will meet the complaint or witnesses in the case'" he argued.
The Defence lawyer argued that the fact that the prosecution had given him a cash bail was a guide that his client was not a threat if he was granted a bond.
The defence counsel also argued that the priest who is sick and currently under medication needs close attention during his recovery of a back problem.
The Court was told that he has been on treatment since 2023.
A senior police officer who was involved in the arrest of the priest told the court how it was challenging to track down the accused person since he kept his phone on and off.
“My first encounter with the accused person was when the Kitale Catholic Diocese Bishop organized a meeting but we pieced together evidence and completed our investigations.
" It has been difficult to arrest him since he kept his phone on and off," Chief Inspector Julia Busienei of the Child protection unit in Nairobi told the court.
Drama unfolded in the court when the prosecution tried to hand off Sh 100,000 to the priest which he deposited as bail when he was arrested on December 11.
An Assistant Superintendent of Police Everlyn Mboya was also in court as part of a team of investigators on the matter that has captured public attention and has been under investigations for a long period.
The Court was told that the accused who is currently on suspension and stationed at Endebess, wrote his statement with police investigating the matter in September last year after a meeting was organised between him and the detectives.
The Court will on December 17, decide where the accused is suited to be granted a bond or not as the case continues after denied being guilty during his plea last Friday
