Plea to cancel bond in defilement case denied

The prosecution suffered a blow after the High Court in Voi, Taita Taveta County, dismissed an application seeking to cancel a Sh200,000 bail for a defilement suspect.

Mr Boniface Mwasi was charged with defiling a 15-year-old in Wongonyi.

The girl, who was pregnant, went missing last year at the court premises while attending the hearing.
The case, which has been mentioned in court more than 15 times without the presence of the complainant, risks being adjourned or dismissed.

Giving his judgment regarding the prosecution’s petition, Resident Magistrate Bernard Onkoba said the prosecution had failed to table evidence as to why the bond should be cancelled.

In her application, prosecutor Grace Mkangu said the investigation officer had credible evidence that the suspect was behind the minor’s disappearance.

Ms Mkangu's application pleaded with the court to withdraw the bond stating that the suspect was frustrating the case by hiding the complainant.

She stated that they had made headway in tracing the victim and had intended to file an affidavit linking the suspect to the disappearance of the 15 year old.

She also noted that the complainant was the last person to be seen with the minor at the court premises.

“The accused person is perceived innocent until proven guilty. The prosecution must place before court evidence linking him to the disappearance of the complainant,” Mr Onkoba said.

He said the accused person also has a right to liberty and has an obligation to attend court proceedings against him.

“What are the grounds given to this court to annul bond terms of the accused? The prosecution saying that the state has reasons to believe that the accused person knows where the complainant is, ”

“Looking at the case before me, is this sufficient evidence to make the court to withdraw the bond? The prosecution just said that they believed and that is not enough” he added.

He said the prosecution was free to charge the suspect with child abduction charges.

“They have a right to do so any time,” he said.

The defendant’s lawyer Dancan Mwanyumba said the complainant had taken long to attend the court and it would be wise for the prosecution to seek an adjournment of the case.

“They can also withdraw the case because as much we wish to be of assistance to the court, at this stage this is one of the options,” he said.

Taita Taveta Professional Women Association chairperson Milka Righa called upon the Director of Criminal investigations (DCI) George Kinoti and the Director of Public Prosecutions (DPP) Noordin Haji to take up the case.

“It seems there is no progress in this case. We want the DCI and the DPP to personally take up this case because it risks being thrown out,” she said.