Woman's bid to 'negotiate' in defilement case of daughter flops

A mother of a defilement victim stunned a Nyeri court after she sought permission to negotiate with the suspect. However, her attempt to have the matter settled out of court hit a dead end after Othaya Principal Magistrate Henry Nyakwemba rejected her plea.

Nyakwemba instead directed her to surrender her national identity card before ordering her arrest.

Police claim the 40-year-old single mother, who is a casual labourer, has been hiding ostensibly to avoid testifying against the suspect.

She is among the key witnesses lined up to testify in the case in which Gerald Gitau Kariuki is accused of defiling the 14-year-old girl in Gitundu village on September 21.

Gitau, who was charged with the offence on October 31, also faces another count of indecent assault.

 Ordered arrest

During the hearing of the case yesterday, the suspect drew the attention of the magistrate by raising his hand, claiming that the mother of the girl had something important to tell the court.

"I pray with the court to give me more time to negotiate with the accused on the matter pending in court," the victim's mother said after being given permission to address the court. But instead of granting her wish, the magistrate told her that her statement amounted to commission of a crime.

"I direct that she be arrested forthwith and be investigated. In view of the forgoing, it appears the mother is unfit to exercise proper care of the child in question," he said.

He also directed that the child be put under care as per the provisions of section 119(1) of the Children Act.

The magistrate ordered Othaya OCS John Marete to produce the girl in court on December 16.