A girl who was allegedly defiled and impregnated at the age of 16 by Mr Evans Mokoro, Moticho Member of County Assembly in Kisii County, has filed an affidavit at the Ogembo Law Courts, asking the court to drop charges against the ward representative.
This comes just after Senior Principal Magistrate Denis Mikoyan ordered the Director of Public Prosecutions (DPP) and Directorate of Criminal investigations (DCI) to harmonise issues arising from the matter by Monday.
Mr Mokoro’s lawyer had presented a birth certificate of the girl who is now 21 years old.
In her affidavit dated May 11, 2019, the girl said she had learnt that the accused had been charged for allegedly defiling her.
“I wish to have those charges withdrawn and terminated because I am not the complainant. As a mother of the baby, I know who his father is and I have not asked the DCIO Nyamarambe, my mother and Silvanus Osoro (South Mugirango MP), to find out who the father of my child is,” she said in her affidavit.
She went on, “I want those charges withdrawn and the DCIO Nyamarambe ordered to return my child that he snatched from me.”
The woman further said she would not give consent to authorities to extract DNA samples from the child in a bid to establish who his biological father is.
“… I will deem it a breach of my privacy and that of my child and our dignity and I will challenge it in court,” read the affidavit.
The woman’s affidavit, which was sworn before Ogari Advocates & Commissioner for Oaths in Kisii County, was presented in court last week.
The suspect was arraigned in court on April 30, 2019.
Mr Mokoro was charged that on diverse dates between June 2016 and September 2017 in Nyamarambe area in Gucha South sub-county within Kisii County, he defiled a 16-year-old girl.
He faced an alternative charge of committing an indecent act with a child contrary the Sexual Offences Act of 2006.
Senior State Council Peter Wainaina had requested the court to allow the child and the suspect be subjected to DNA tests.
Senior Principal Magistrate Denis Mikoyan released Mr Mokoro on a Sh200,000 bond with one surety or Sh50,000 cash bail.
Medical reports, however, showed that the woman was defiled on the said dates – between June 2016 and September 2017.
The court also ordered that the child be presented before it. Detectives on the case had claimed that the MCA had been dodging law enforcers.
The case which resumed on May 16, 2019 for mention, will be heard on June 18.