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Mother of defiled Kakamega girl turned into suspect for obstructing justice :: Kenya

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A woman whose daughter was defiled and impregnated will no longer be a prosecution witness but a major suspect for trying to defeat the course of justice.

The woman was surprised when she was informed she will not testify but will stand on the accused person’s dock.

She was also ordered to remain in police custody to enable the investigating officer to prefer charges against her.

This is after her daughter aged 17 told the court the person responsible for the pregnancy had conspired with her mother in the presence of area assistant chief to conceal the offence leading to a wrong suspect be charged.

The complainant told Kakamega Senior Resident Magistrate Erick Malesi that her mother, the complainant and Shimanyiro Assistant Chief Careb Murunga Mbakaya had met and solved the matter outside court.

The class seven pupil at a local primary school had come to testify against Mechack Muchiti charged with an attempt to defile her.

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Muchiti, a boda boda rider, is alleged to have attempted to defile the minor at Kakamega Central District on September 17.

“Muchiti gave me a ride from school when he led me to a nearby thicket and attempted to assault me sexually. I managed to scream and was rescued by two women,” the girl said.

She told the court, “This was not my first time to have a sexual encounter since I was defiled and impregnated by one Justus Oyolata but my mother reconciled with the perpetrator after the assistant chief intervened.”

Prosecutor Hilda Omondi said, “Through the complainant, it emerged that she is pregnant and the person responsible for the pregnancy has been identified. The parties were attempting to reconcile which is against the law with the aid of the parent and the assistant chief.”

When she was called in, the mother incriminated the accused, saying he is the one responsible for the pregnancy.

However, the magistrate noted there were sufficient reasons to believe the correctness of the victim’s testimony who testified under oath.

Malesi ordered the assistant chief to be detained pending his prosecution today.

Oyolata was charged with defiling the minor on a diverse date, a charge he denied before Kakamega Resident Magistrate William Lopokoiyit.

He denied the charges and was granted Sh300,000 bond.

His case will be heard on February 18 while Muchiti’s was adjourned to February 20.

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