DPP directs Kilifi police to produce defilement suspect in court
The Director of Public Prosecution (DPP) has directed the Kilifi Officer Commanding Station to produce a defilement suspect in court.
What you need to know:
- In a letter dated February 23, the DPP, through prosecutor Faith Shadora, is concerned that the police had not provided the suspect despite being given enough time.
- Police report stated that on January 13, 2023, the DPP recommended the diversion to the Directorate of Children's Services for counselling and further advice.
The Director of Public Prosecution (DPP) has directed the Kilifi Officer Commanding Station to produce a defilement suspect in court.
The man is also suspected to be the ringleader of a group behind the abduction and defilement of several girls in the county. According to the Children's Department, two of the victims are pregnant.
However, the group members were released under mysterious circumstances after arrests.
In a letter dated February 23, the DPP, through prosecutor Faith Shadora, is concerned that the police had not provided the suspect despite being given enough time.
The DPP said the suspect was walking free while continuing to abuse minors sexually. The office demanded that the Kilifi OCS produce police file number 311/13/23 in court.
“Having given the investigating officer time to arrest the accused, while was not yet successful, the above file should be registered immediately, as I have information from the Children’s Department that the accused continues to commit the offence of defilement,” reads the letter.
The demands by the DPP came about after the Kilifi Department of Children’s Services rejected recommendations to have the defilement matter settled through diversion.
Dissatisfaction
On February 17, 23, the Children's Department, through Mr Daniel Mbogo, wrote to the DPP about its dissatisfaction with the office to refer the matter where the suspect had defiled a 15-year-old girl for diversion.
“The child has been brought before this court as a child in need of care and protection after being severely defiled by the accused between April 2022 and February 2023,” reads the letter.
Her parents reported the matter at the Kilifi Police Station vide OB 56/10/4/2022 and OB26/13/02/2023 for investigations.
The department stated that the recent investigations found that the minor was at the suspect’s house and they were apprehended.
The police opened a file for investigations and afterwards forwarded it to the DPP for advice. The report stated that on January 13, 2023, the DPP recommended the diversion to the Directorate of Children's Services for counselling and further advice.
The reasoning was that the suspect and the minor were friends and closely aged. According to the Children's Department, the accused is 18, and the victim is 15.
“In your opinion, therefore, no offence to warrant prosecution as you think the minor has been freely consenting to the sexual act. We reject the matter for diversion to the Directorate of Children’s Services, Kilifi and recommend prosecution,” read the letter.
But according to the Children's Department, the suspect is over 18 years and diversion of the matter does not stand. The letter said they (the department) do not handle care and protection for people over 18 years of age unless under exceptional circumstances.
The department said the minor had a care and protection active case in court, and it had proved hard to supervise her as she was always running away to the suspect's house.
The letter further noted that the victim is on record at the Kilifi Police station and on the confession by the victim that he has unlawfully and intentionally confined her and had sex with her.
Eloped with girl
In addition, intelligence reports by the father are that the suspect is currently residing with the minor at an undisclosed location in Kiwandani village on the outskirts of Kilifi town.
The victim ran away from home and she has never returned home, yet she is supposed to be in school. He has been accommodating her, and the Department suspects he was intoxicating her with alcohol.
The Children's Department then called for legal action against the suspect. They said there was evidence of gross violation of her rights by sexually abusing her and preventing her from attending school. They noted that the victim, aged 15, is a child, hence has no legal capacity to consent to sex while the suspect can consent to sex as he is 18.
“The age difference is not a binding reason arguing that one cannot coerce the other to commit an offence,” they noted.
“Now the Department of Children’s Services has been forced to remove the children from their parents while the perpetrators are still enjoying their good times and suspected of doing more harm,” added the report.
