Two Kisii MCAs charged with infringing on children rights

Kisii members of the county assembly Cosmas Saka of Nyakoe ward (with brown jacket) with his Masimba counterpart Joash Arori (black jacket) at Kisii law courts where they were arraigned to answer to charges which they are accused of being caught with three Nduru girls high school students on Sunday its alleged that they were dropping them back to school. (PHOTO: SAMMY OMINGO/ STANDARD)

Two MCAs have been charged in the High Court in Kisii with violating children's rights after they reportedly lured Form Three students from school.

Joash Orora and Cosmas Saka of Masimba and Nyakoe wards respectively were charged with infringing on the rights of three children to protection from sexual exploitation.

They were charged with jointly booking the girls into Hotel Storm in Kisii Town on October 2, thereby exposing them to sexual exploitation.

The MCAs, who were presented in court amid public outrage, denied the charges. The leaders had spent two days in police custody before appearing in court. The girls, students at Nduru Girls Secondary School, are said to have been found in the MCAs' cars in Nyamarambe market.

There was drama in the courtroom when the parent of one of the girls accused the prosecutor of presenting a weak charge sheet.

Chief Magistrate Jesse Nyaga later ordered the prosecutor to prepare a fresh charge sheet, terming the previous one defective.

Charge sheet

The Director of Public Prosecutions had prepared a charge sheet under the Sexual Offences Act.

Imbali Tom from the DPP's office asked the court to give him time to prepare a conclusive charge sheet. He said what he had brought to court was only a holding charge.

"Detectives have asked for more time for investigations and it is my hope this court will grant us time to conclude the inquiry," said Mr Imbali.

Lawyers Mogusu Nyamweya and Edward Begi, representing the accused, asked the court to give their clients favourable bond or cash bail terms. They argued that as MCAs, the two were unlikely to run away.

"The accused stand innocent and I am requesting the court to look at Article 49(H) on bond and cash bail terms. I am pleading with the court to also consider the Chief Justice's regulation of 2014 on giving bond," said Mr Nyamweya.

Imbali said he had no objections neither had he received any objection from the investigating team to deny the accused cash bail or bond.

"This is a public interest matter and I am requesting the accused not to interfere with investigations or intimidate witnesses or victims if given bonds," said Imbali.