Law Society of Kenya protests over case of female teacher who defiled nursery school boy

By Robert Nyasato 

KISII, KENYA: The Law Society of Kenya (LSK) has protested over the handling of a case in which a female teacher is accused of defiling a four-year-old nursery school boy.

In a complaint letter to the Keroka Principal Magistrate James Macharia, LSK Kisii Chapter expressed dissatisfaction over the manner in which the case was handled in January, this year.

In the letter copied to Kisii Chief Magistrate Ann Ong’injo, Chapter Secretary Gideon Nyambati said that they noted that the proceedings on criminal case No 76 of 2013 were not conducted in camera as required in law.

According to the charge sheet,  Monicah Gwaro, a nursery school teacher at Father Oucho Primary School under Ichuni Catholic Parish was charged with two counts of defilement at the Keroka law court on January 24, this year.

In count one, Gwaro was charged with defilement contrary to the sexual offences Act of 2006.

The second count she was charged with indecently assaulting the minor while in third count she was charged for deliberately transmitting the minor with a sexually transmitted disease.

The charge sheet read that on January 17, this year at Ichuni E.C.D.E School in Masaba South District in Kisii County, Gwaro intentionally and unlawfully caused the minors organ penetrate her private parts.

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

In the letter Nyambati at the same lamented that the society was concerned with the manner in which the proceedings were conducted in respect to the case.

“When we perused the court file, we got many discrepancies that had not been addressed by the court and therefore they are likely to compromise the trial of this matter,” Nyambati said in the letter.

He said that the minor who testified as a prosecution witness gave unsworn evidence and was cross examined by the defense counsel contrary to the law.

Nyambati also says that there were many people seated in the court during the proceedings including relatives and family members of the accused contrary to the law.

The prosecutor, Nyambati said deliberately retained a witness for the minor complainant who had not testified in court during the proceedings as a move to bar him from testifying adding that the prosecution failed to take pre-trial with the witnesses when they came to court.

“From our findings, we are of the considered view this court and the prosecution do withdraw from this matter and the file be transferred to the Kisii Chief Magistrate’s court for fresh hearing,” Nyambati said in the letter.

“The offense committed herein is extremely sensitive and has sparked 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.