A 73-year-old Catholic Lay Brother who was charged with defiling a seven-year-old girl under his care has been denied bond.
While making her determination, Nyeri Senior Principal Magistrate Ms. Faith Munyi stated that whereas the accused, Michael Mburu, had a right under the Constitution to be released on bond or bail, the court was compelled to deny him bond on grounds that the integrity of the testimony of the minor needed to be protected.
“I am alive to the fact that the accused person is presumed innocent until proven guilty. On the other hand, I am aware that the integrity of the evidence to be presented must be protected. In this regard, I am satisfied that there is a compelling reason as to why the court should withhold and suspend releasing the accused on bond before hearing the testimony of the minor,” she said.
The accused is facing one count of defilement and an alternative charge of committing an indecent act with a child, both of which are contrary to the Sexual Offences Act of 2006. The offences were committed in May 2023 at St. Gerald Primary School, a religious-based institution where the minor was residing.
While requesting favourable bond terms, Mburu’s lawyer, Gitonga Muthee, argued that the accused was ready to comply with all bond terms imposed by the court. Additionally, Gitonga allayed fears that the victim was vulnerable given that the accused and the victim did not reside in the same location.
“There is no reason why the minor would be seen as vulnerable because the minor and the accused person do not even reside in the same place. The accused is a religious brother based in Mweiga, while the minor is based in Endarasha,” said the counsel.
The case will be mentioned on October 26.
By Wangari Mwangi
