A woman whose daughter was defiled and impregnated will no longer be a prosecution witness but a suspect for trying to defeat the course of justice.
The woman was due to testify against Meshack Muchiti Chibukosia but was surprised when she was told she would instead stand in the dock as an accused person.
She was remanded to enable the investigating officer to prepare to prefer charges against her.
Her daughter, aged 17, told the court the person responsible for the pregnancy had conspired with her mother and area assistant chief to conceal the offence, leading to a wrong suspect being charged.
The girl told Kakamega Senior Resident Magistrate Erick Malesi her mother and Shimanyiro Assistant Chief Careb Mbakaya met and “resolved the matter outside the court”.
The Class Seven pupil had gone to testify against Muchiti, who is charged with attempt to defile her.
Muchiti, a boda boda rider, is alleged to have attempted to defile the minor last September 17 at their Shimanyiro village, Kakamega Central District.
“On the material day, Muchiti gave me a ride from school when he led me to a nearby thicket and attempted to assault me sexually. I managed to scream and was rescued by two women who were passing by before he could defile me,” said the girl.
“This was not my first time to have a sexual encounter, since I was defiled and impregnated by one Justus Oyolata. But my mother reconciled with the perpetrator after the area assistant chief intervened.”
The Director of Public Prosecutions, through State counsel Hilda Omondi, applied for custodial orders against the girl’s mother, saying she should also be charged.
“Through the complainant, it emerged that she is pregnant and the person responsible for the pregnancy has been identified. The parties were attempting to reconcile, with the aid of the parent and the assistant chief, which is against the law. We pray that the mother and the assistant chief remain in police custody to facilitate their intended prosecution,” Ms Omondi told the court.
When she was called into the court, the girl’s mother insisted that Muchiti was responsible for the pregnancy.
However, the magistrate noted that there were sufficient reasons to believe the correctness of the victim’s testimony. She had testified under oath.
“I have carefully examined the intended witness (mother) who feigns ignorance of first prosecution witness,” said the magistrate.
Mr Malesi added: “The investigating officer is directed to facilitate the arrest of the man identified as the person responsible for the pregnancy and be charged accordingly.”
He also ordered the assistant chief to be detained, pending his prosecution.
Oyolata, who was arrested immediately, was charged with defiling the minor on diverse dates, a charge he denied before Kakamega Resident Magistrate William Lopokoiyit.
He was released on a Sh300,000 bond with a surety of the same amount.
His case will be heard on February 18, next year, while Muchiti’s matter was adjourned to February 20.
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