Man accused of raping girl denied bail

Businessman Alex Onyango before a Malindi court on Monday when he was charged with raping a Standard Eight pupil. He was denied bail on April 22, 2015 until the girl and her mother testify. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP

What you need to know:

  • Mr Onyango is accused of defiling a Standard Eight pupil in his car on March 29 and threatened to kill her with a knife.
  • The magistrate said she is aware that the detention of the accused during his trial for a bailable offence is “an assault to his liberty” and should only be done in special circumstances.
  • Through his lawyer Samson Gekanana, the accused had asked the court to be released on bond.

A Malindi businessman facing a charge of defiling and threatening to kill a girl has been denied bail.

Mr Alex Onyango will now remain in custody until the girl and her mother testify, resident magistrate Muthoni Nzibe ordered.

She further said that upon the complainant and her mother giving evidence, a pre-bail and children’s officer reports will be issued to determine the suitability for the release of the accused on bond.

“The accused person to cease any contact with the complainant’s family, by himself, proxy or agents until the matter is determined,” said Ms Nzibe.

The magistrate said she is aware that the detention of the accused during his trial for a bailable offence is “an assault to his liberty” and should only be done in special circumstances.

Ms Nzibe further argued that she is convinced that the circumstances of the case should warrant reasonable limitation on the accused freedom.

“If the accused is released on bail at this moment, the witnesses are likely to be interfered with,” she said.

Mr Onyango is accused of defiling a Standard Eight pupil in his car on March 29 and threatened to kill her with a knife.

Through his lawyer Samson Gekanana, the accused had asked the court to be released on bond.

Mr Gekanana argued that there were no compelling reasons given to deny his client bail since the offence is bailable.

He further argued that his client had no problem adhering to conditions set by the court in granting him bail.

The prosecution opposed the release of the accused on bail, saying he was a flight risk and would jump bail and not remain within the jurisdiction of the court.

The application to deny the accused bail was supported by an affidavit by the investigation officer.