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Man claims he was wrongly arrested in defilement case :: Kenya

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Nathan Jeremiah Nandwa in court on August 2, 2018. Court documents show he stood surety for Zephania Musungu who is accused of defiling a 12-year-old girl. [Kipsang Joseph, Standard]

A man accused of defilement disowned “a friend” who stood surety for him.

Zacharia Kahura, 29, told the court that he did not know Nathan Nandwa.

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Mr Kahura is accused of defiling a 12-year-old girl on September 22, 2017.

Court documents indicate that Nandwa, who hails from Bahati estate in Nakuru, stood surety for Zephania Otimo Musungu.

According to Nandwa, Musungu was not in a position to raise Sh400,000 bond that was imposed on him by the court.

Nandwa stepped in and offered to surrender his title deed for a piece of land worth Sh800,000 to the court.

Bond demands

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Nandwa promised the court that he would make sure Musungu appears before it when he was needed.

He also agreed to pay any bond demands if Musungu disappeared.

Musungu disappeared, putting Nandwa in trouble with the court.

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For almost a year, Nandwa searched for Musungu in vain. He made frequent visits to court, and gave the court a detailed account of the progress he was making in tracking Musungu. He did this under oath.

The court at one time ordered that Nandwa be locked up for five days, since he was taking too much time to track the suspect.

The court kept threatening him with dire consequences if he failed to produce Musungu.

In August this year, he managed to get hold of the 19-year-old man at a home in Kitale.

But the arrest took a surprising turn after the suspect denied being Zephania Musungu and insisted that his true identity was Zacharia Kahura, and he had nothing to do with the defilement case.

“I am not Zephaniah Musungu, I don’t know the person you are referring to. I can assure you that I don’t have a sibling going by that name. I have no idea about this surety either,” said Kahura.

Kahura, however, admitted knowing the complainant whom he said was his wife. He said he married her in 2017. “I know her, she is my wife, we got married in Kitale in 2017,” he said

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According to the police officer in charge of the investigation, reports from the registrar of persons indicate that Kahura and Musungu are two different people.

Nandwa, however, maintained that the man in the dock was Musungu whom he stood surety for.

He told the court that when he went to Kitale with the investigating officer, he was completely sure the man they were arresting was Musungu.

Constant abuse

“The person in the dock is Musungu, I say so because when I tracked him down to his hideout, I did not go alone. I was with the investigating officer,” said Nandwa.

The girl who is said to have been defiled also addressed the court. She averred that the person before the court was actually Kahura and not Musungu.

“The man here is Zacharia and not Zephaniah,” she said.

The girl told the court that she used to live with an aunt who would constantly abuse her, telling her to get married even though she never wanted that.

Her aunt, she said, pushed her to get married to Musungu. She finally gave in and started living with Musungu, whom she told court abused her.

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That is when she met Kahura in Kitale and they started cohabiting.

The case will be mentioned on December 11, 2018.

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