Catholic lay-brother in court for defilement

Nyeri,

Thursday, October 12, 2023

KNA by Wangari Mwangi

A 73 year-old catholic lay brother has been charged before a Nyeri court for defiling a seven-year-old girl. 

The accused, Michael Mburu Muchiri is accused of defiling the minor identified as SWN in May 2023 at the St Gerald Primary School in, Mitero, Kieni-West sub-county, contrary to section 8(1) (2) of the Sexual Offences Act of 2006. Mburu is also facing an alternative charge of committing an indecent act with a child contrary to the Sexual Offences Act number11 (1) of 2006. 

Before Senior Principal Magistrate, Faith Munyi, the state prosecutor Patrick Onjoro pleaded with the court to suspend bail or bond for the accused person given that the victim was vulnerable. Further, he expressed concerns that if released on bond or bail, the accused would interfere with the witnesses and argued that the issue of bond and bail be addressed once the prosecution had secured the minor’s evidence. 

“We are opposed to bond. The minor is vulnerable; we are fearing that the accused person will interfere with the witnesses. We pray that bond terms be suspended as of now until we secure the evidence of the minor,” said Onjoro. 

But appearing for the accused, Gitonga Muthee said that Mburu had the right under the law to be released on bond and bail. Gitonga stated that the accused was ready to comply with all bond terms. Additionally, Gitonga allied fears that the victim was vulnerable given that the accused and the victim did not reside in the same location. 

“There is no reason why the minor would be seen to be vulnerable because the minor and the accused person do not even reside in the same place. The accused is a religious brother is based in Mweiga, while the minor is based in Endarasha,” observed the counsel. 

The accused was remanded at the Nyeri G.K prison until October 13, when the magistrate will rule on whether or not he will be released on bail or bond.

Courtesy; KNA