Concern raised on defilement case

By ROBERT NYASATO

Kisii,Kenya:LSK says trial not conducted in camera as per law hence might violate minor’s rights, taint Judiciary’s image

he Law Society of Kenya (LSK) has expressed reservations over how a case in which a woman teacher accused of defiling a four-year-old pre-school boy was conducted.

In a complaint letter to the Keroka Principal Magistrate James Macharia, LSK Kisii Chapter noted that the proceedings were not conducted in camera, as required in law.

In the letter copied to Kisii Chief Magistrate Ann Ong’injo, Chapter Secretary Gideon Nyambati said the minor who testified as a prosecution witness gave unsworn evidence and was cross-examined by the defence counsel contrary to the law. “When we perused the court file, we got many discrepancies that had not been addressed by the court and therefore are likely to compromise the trial of this matter,” Nyambati said in the letter.

Mr Nyambati further claimed the prosecution deliberately retained a witness for the complainant who had not testified in court during the proceedings as a move to bar him from testifying. Lawyers want the case transferred to the Kisii Chief Magistrate’s court. “The offence committed is extremely sensitive and has sparked a lot of public outcry and unless it is expeditiously disposed of, the rights of the minor are likely to be violated and the image of the Judiciary tainted,” he added.

infected child

Monicah Gwaro, a nursery school teacher at Father Oucho Primary School, was on January 24 charged with defilement at the Keroka Law Courts. She is also accused of infecting the minor with a Sexually Transmitted Disease (STD).

The charge sheet read that on January 17, this year at Ichuni ECDE School in Masaba South District in Kisii County, Gwaro intentionally and unlawfully defiled the minor.

It further stated that on the material day, having actual knowledge that she was infected with STD knowingly and willfully had carnal knowledge of the minor.