School bus conductor charged with defilement granted bail

 

A Mombasa court has released a defilement suspect on bond after the prosecution failed to convince the magistrate that the suspect should be detained.

Shanzu Court Senior Principal Magistrate Yusuf Shikanda released Elijah Githu, who is accused of defiling a five-year-old girl. 

Githu is the bus conductor of Maryjoy Kindergarten School. He is accused of defiling the girl while she was on her way home on May 18. 

The suspect was freed on Sh100,000 cash or an alternative of Sh300,000 bond with surety.

 “Having considered all the relevant factors, I do not feel compelled to deny the accused person bond or bail. However, the circumstances of the case warrant the need for proper consideration of terms and conditions attached to the grant of the bond.

 Consequently, the application by the Prosecution and alleged victims is dismissed. The accused person shall be admitted to bond,” the magistrate ruled.

The magistrated directed that the suspect should not, either by himself or through proxy, contact the minor or any member of her family and  prosecution witnesses.

Githu was charged with defilement and committing an indecent act with a minor.

He was also accused of committing an indecent act with a child contrary to section II (1) of the Sexual Offences Act, which he denied.

The investigating officer in the case, Elizabeth Kanze, had earlier told the court through an affidavit that, the accused was arrested after a defilement report was lodged at the Kiembeni Police Station.

“The accused person was arrested by police officers at the Maryjoy Kindergarten School in Bombolulu and booked vide OB number 34/20/5/2021,” read the affidavit.

The prosecution had opposed his release on bail arguing that the accused person had no known fixed abode and due to the magnitude of the offence, Mr Githu was likely to abscond court if released.

The court also heard that the accused may influence the testimonies or attendance in court of prosecution witnesses some of whom are employees of the school.

Ms Kanze added that, if released, Mr Githu is likely to jeopardise the witnesses some of who are children, hampering the prosecution of the case.

Lawyer Martin Mwawasi, representing the girl’s family, claimed that they are currently under threat after some four armed individuals, in the guise of human rights activists, visited their home pretending to be following up on the case.

The court was told that the matter has been reported at the Kiembeni police station and they had to flee.

The prosecution confirmed the information, saying that the matter was under investigation and asked the court to address the matter ahead of the ruling.

Regarding the claims of threats to the family, Mr Shikanda said it was improper of the court to include the allegations.

The case is set for mention on June 28.    BY DAILY NATION