NAKURU: An Australian national accused of taking advantage of his position as an orphanage head to seduce two men for same-sex relations is yet to stand trial three years after his arrest.
Ian Castleman was arrested on September 12, 2012, and arraigned before the Chief Magistrate's Court in Nairobi before he sought the case to be transferred to Nakuru where the alleged offences occurred.
Mr Castleman is yet to go for trial due to a constitutional petition at the Nakuru High Court that he filed to challenge his trial under sections of the Sexual Offences Act (Sec 24).
According to him, being a foreign national as claimed in the pending petition, he is unconstitutionally charged as the Act discriminates against Kenyan citizens disposed to same-sex activity.
He also claimed that the said Act provides a minimum sentence on conviction, taking away the discretion of the trial court and fails to give the maximum sentence.
Nakuru Senior Principal Magistrate Liz Gicheha had in June this year set to have the criminal case mentioned today to check the progress of the pending High Court petition before the trial begins.
The charges are that, on various dates between 2010 and 2011, Castleman seduced two men to have sex with him, which relations did not amount to either rape or defilement.
The prosecution stated in the charge sheet that Castleman took advantage as a person in a position of authority, given he was a director of the Ian Castleman Orphanage in Elburgon, Nakuru.
The High Court suit has attracted the attention of the Kenya Christian Professional Forum (KCPF), which has sought to be enjoined in the case, claiming to be of serious public interest.
Justice Janet Mulwa allowed the Christian group in, in October 2014, despite objections by Castleman's lawyer and directed the parties to file and serve fresh submissions.
In the petition, the Director of Public Prosecutions and the Attorney General have been named as respondents.
The case will be mentioned Tuesday.
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