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February 23, 2020 - 03:37
Cyprian Is Nyakundi
Front News

cucumber…

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A man and two women have been arraigned before a Kiambu court and charged with seven counts of defiling a 17 year old girl.

Henry Owalla Omondi, Nelly Gathuri Kathure and Christine Alim Alim appeared before Kiambu Senior Principal Magistrate Ms Stella Atambo but pleaded not guilty to the offences.

The trio was charged that on diverse dates between October 19 and November 18 at Ruaka Mulberry estate in Kiambaa Sub-County of Kiambu County, they supplied the minor with a sex toy (cucumber) which was intended to be used in the performance of sexual activities contrary to section 12(6) of the Sexual Offences Act.

They were also charged with exploiting a child to prostitution in that on the same dates and venue, they intentionally caused another child to become a prostitute by sharing proceeds of prostitution after they denied her basic essentials in order to force her to engage in prostitution for survival. This count is contrary to section 17(a) of the Sexual Offences Act No.3 of 2006.

The trio was also charged that within the same dates and scene, they willfully failed to protect the 1st complainant from inducement or coercion to engage in sexual activity, a child entrusted in their custody contrary to section 15 as read with section 200 of the children Act No. 8 of 2001.

WILLFULLY

Count 4 stated that on the same dates and scene, they willfully engaged the first complainant into a hazardous work namely prostitution which interfered with her education contrary to section 20 of the Children Act No 8 of 2001.

Count 5 stated that the trio knowingly permitted the 1st complainant to remain in the house of first accused to be sexually abused contrary to section 15(a) of the Sexual Offences Act No.3 of 2006.

In Count 6, the accused were charged that on the same dates and scene, they knowingly procured the child for purposes of prostitution contrary to Section 15 (B) of the Sexual Offences Act No 3 of 2006.

The three are being represented by Antony Gachoka who made an application to the court that his clients be released on reasonable bail terms, preferably a cash bail.

The defence counsel said his clients had been charged with an offence which was bailable and that they were not a flight risk.

The magistrate directed the exhibit (cucumber), which the investigating officer said was perishable, to be photographed prior to the hearing scheduled for February 6, 2020. The case will be mentioned on December 6.

Leading the prosecution, senior state counsel Mr Donnex Ongira said he had lined up eight prosecution witnesses to buttress the case.

Ms Atambo said they could be released on a bond of Sh500, 000 each with a surety of a similar amount.

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