A father of three was arraigned at a Kabarnet court charged with defiling his 13-year-old Grade Seven daughter.
Nicholas Kiboiwa is accused that on diverse dates between April and July, 2024 at Kaprogonya village in the outskirts of Kabarnet Town of Baringo Central Sub County, being a male person willingly and unlawfully defiled the minor who was to his knowledge his dear child.
The middle aged man when he appeared before Senior Resident Magistrate (SRM) Edwin Mulochi on Monday and charged with defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act No. 3 of 2006 denied committing the heinous crime.
“Your honour the accusations levelled against me “Ni uwongo,” the man who seemed to be well conversant with Kiswahili language uttered.
Prosecution counsel Rebecca Bartiloi strongly objected to the accused being release on bond noting that his continued stay in custody will safeguard him from being lynched by the community who had administered mob justice before he was rescued by officers from Kabarnet police station.
The prosecutor stated that the nature of the crime and the need to protect the complainant is justified in keeping the suspect custody as they await for prosecution witnesses statements to be recorded and submitted as well as medical examination findings.
“The accused should remain in custody as we await the complainant to record statement and medical examination report be released,” Bartiloi stated.
Mulochi in his ruling considered the prosecutor’s arguments and the severity of the charges thereby giving orders for the accused to remain in custody pending further legal proceedings.
The accused is said to be staying with the children after he separated with the mother of the children.
The magistrate ordered the case to be mentioned on July 22 when a hearing date will be taken.
Four prosecution witnesses are expected to testify against the accused when the trial of the case commences.
By Jacinta Kipruto and Joshua Kibet
