Nakuru Chief Magistrate Doreen Mulekyo has disqualified herself from hearing a sex abuse case facing a teacher accused of molesting six students at Njoro Girls High School.
In her short ruling, Mulekyo faulted the prosecution for their handling of the case, noting she would not able to hear the case objectively.
Paul Gicheri, a 52-year-old Kiswahili teacher, is facing six charges of sexually abusing girls aged 15-17 years, all students at Njoro Girls between May 2014 and June 2015.
Gicheri is alleged to have defiled a 15-year-old girl at the school and at Impala club on June 15 and June 28 respectively.
Thursday, Gicheri also pleaded to five other amended indecent act charges, which the prosecution alleged to have been committed on various dates between May 2014 and June 2015. The teacher was first arraigned in court on June 29, where he denied the charges before Mulekyo. The prosecution also sought to have all key witnesses testify before he was released on bail.
However, an application by the prosecution on July 8 to amend dates when the sexual abuses are alleged to have been committed delayed the case and forced the court to release Gicheri on a Sh500,000 bond or an alternative Sh200,000 cash bail.
Mulekyo excused herself Thursday after she raised issues over an application by State Counsel Nelly Ngovi amending various dates when the sexual abuse is alleged to have been committed.
She pointed out there were material differences in the dates read out to the accused person and dates submitted by Ngovi to the court in her oral application on July 8.
"There is no parity in count two and count five in the amended charge sheet and what you told the court in your oral application on July 8," Mulekyo noted.
However, despite issues raised by the court, Ngovi maintained that key witnesses, who are Form Three students, should testify before the school reopens for Third term.
The explanation by Ngovi on the material differences on the dates before court appeared to incense Mulekyo, who criticised the State for their handling of the case.
Gicheri's lawyer Karanja Mbugua asked the prosecution to put its house in order and resolve the issues, which have made the case fail to kick off. Mulekyo directed the case to be placed before court today for another magistrate to hear it.
