62-year-old German charged with defilement

A German accused of defiling and sexually assaulting minors in various parts of the country has to remain in remand for a week.

The trial court in Nakuru ruled that Martin Herman Baumgartner alias Mato, be remanded at the Nakuru GK Prison until Wednesday next week, when a ruling on his bail/bond would be delivered.

"We meet on Wednesday this week for the ruling and further directions on pre-trial," directed Nakuru Senior Resident Magistrate Emmanuel Soita.

Herman, 62, faced 14 charges - defilement, indecent act and human trafficking, among others. He holds dual citizenship-Kenyan and German.

Herman, as per the charge sheet on diverse dates between April 2022 and January 23, 2023, at Gigiri area in Westlands Sub-County within Nairobi County, intentionally and unlawfully defiled a 17-year-old.

The charge sheet also indicated that Herman defiled a 17-year-old on diverse dates between 2006 and 2008 at Kwa Mwangi in Bahati . He also faced a charge of inducing an indecent act on a 15-year-old.

Herman, the charge sheet indicated committed some of the offences in Kwale and Kilifi counties. He denied all the 14 counts before Soita.

Prosecutor Dismus Langat opposed the release of Herman on bond, citing that he was a flight risk.

Chief Inspector Evalyne Mboya, who is investigating the case, said the accused has a great influence and might interfere with witnesses as he has greater attachment to his victims, whom he pays for their upkeep.

She further told the court that the accused lures parents of the victims through enticement to allow him stay with their children, thus the likelihood of witnesses getting compromised.

"The accused, being the Director of Twajenga Holdings Limited Company, has great influence in the community. He is a flight risk being of dual citizenship," Mboya told the court, adding that all the victims were the accused person's employees.

Lawyer Kipkoech Ng'etich, acting for the victims, said Herman should not be granted bond due to the charges against him.

"The accused is charged with serious offences. When you look at the offences, some including trans-boundary offences, trafficking in person, it should persuade you that the attempt to run away is so real. Be pleased to deny the accused person bond," Kipkoech said.

Lawyer Lawrence Karanja representing Herman denied claims that his client was a flight risk adding that he was a Kenyan. He said the presumption is that his client is innocent of all counts, irrespective of how grave they may look.

"My client is entitled to full protection of the Constitution, what is being done here is discrimination on the basis of race, and that is why they are talking of him being a German and not even a Kenyan," said lawyer Karanja.

He told the court Herman was not a flight risk and only wants his travel documents deposited in court.