Court stops release of Highridge teacher charged with defilement
What you need to know:
- Justice Macharia directed that the case be heard within six months, upon which Mr Okeyo may renew his request for bond.
- The judge said witnesses in the case are vulnerable students who are also “fragile”.
- “For that reason, it remains extremely a compelling reason why bond ought not to be granted to the respondent," she said.
She directed that Mr Okeyo be detained until the hearing and determination of the case.
The High Court on Monday stopped the release of a teacher accused of defiling a Form One girl at Highridge Secondary School in Nairobi.
Justice Ngenye Macharia set aside the decision made last week to grant Mr Hilary Okeyo a cash bail of Sh500,000 pending the hearing of the case.
She upheld submissions by prosecutor Duncan Ondimu, who said the suspect may interfere with potential prosecution witnesses, who are students.
The judge, however, directed that the case be heard within six months, upon which Mr Okeyo may renew his request for bond.
He had been released on a Sh500,000 cash bail at the Chief Magistrate’s Court after he denied a charge of defilement and committing an indecent act with a minor.
The offence was allegedly committed at the school during prep time.
Students at the school had threatened to go on the rampage, accusing the school administration of conspiring to protect the teacher.
FIVE DAYS LATER
The rape allegation came to light five days after the incident happened.
On Monday, Justice Macharia said witnesses in the case are vulnerable students who are also “fragile” and “for that reason, it remains extremely a compelling reason why bond ought not to be granted to the respondent”.
“I hereby revise the decision of the learned magistrate to release the accused pending trial and the same is hereby set aside,” the judge said.
She directed that Mr Okeyo be detained until the hearing and determination of the case.
“On the issue of the hearing date, I do not see the need to rush it up because November 24 is not too far as would prejudice the respondent.
"In the intervening period he will definitely have sufficient time to prepare for the trial,” the judge said.
She said that because the court had denied the suspect bail, “it is important that the trial be expedited”.
The judge said that should this not be achieved, Mr Okeyo is at liberty to renew his request to be released on bond especially after “key prosecution witnesses have testified”.
RAMPANT CASES
The Office of the Director of Public Prosecutions had challenged the magistrate’s decision, saying he “erred” in releasing the suspect.
Mr Ondimu had told the judge to take judicial notice of the rampant defilement cases.
He likened the case to that of the suspects who allegedly stripped a woman in Githurai and that of a Sudanese man accused of defiling a minor, whose bond was cancelled by a higher court.
“This court is minded that an accused person is presumed innocent unless and until the contrary is proved...
"However, when an accusation of the magnitude facing the respondent is at hand, the court must deal with caution,” the judge said on Monday.
