Muslim leader fights bail denial in defilement case

A Muslim leader accused of defiling his three-year-old relative has appealed against a court’s ruling denying him bail.

Mr Mohamed Ahmed, alias Ustadhi, wants High Court judge Patrick Otieno to quash a magistrate’s orders that he should remain in custody until the child testifies.

The suspect filed the appeal through lawyer Abdulrahman Aminga.

Justice Otieno could, however, not hear the bond application after the prosecuting counsel and the victim’s lawyer objected, saying they were not ready to proceed with the case since they had not been served with the papers.

“Your honour, we are not ready to hear the application for bail at the moment. We have just seen the documents, and we are not familiar with their contents,” State Counsel Erick Masila told the court.

Mr Masila indicated to the court that he intends to strongly oppose bond, considering the relationship between the minor and the suspect.

“We are going to file an affidavit to oppose bail after seeking audience with the investigating officer. We, therefore, need a day to file the affidavit and serve the defence,” he said.

Mr Masila said he would rely on a psychiatric assessment report and results of various tests carried out on the minor after the rape.

The victim’s lawyer, Ms Elizabeth Aroka, said she would oppose bail on grounds that the accused is likely to interfere with investigations, considering the nature of the relationship between the suspect and the minor.

She said the defilement traumatised the girl and that the suspect should not be set free until the victim gives evidence in court.

Mr Ahmed had pleaded not guilty to the charges when he appeared before Shanzu Magistrate Diana Mochache.

The court heard that the accused defiled the minor when her mother was away from home.

According to the charge sheet, the accused defiled the girl on different dates between July 2013 and 2015 at Kwa Bullo in Kisauni Sub-County, Mombasa County.

The case will be heard on Friday.