Court
A Malaba court will early next month deliver a ruling whether a man charged with defilement should be granted bail or not. The 23-year-old Emmanuel Wesonga appeared before Resident Magistrate Zawadi Ogange, where he denied charges of defiling a minor.
Prosecutor Tony Rotich urged the court not to grant the accused person bond, noting that he might flee to neighbouring Uganda, making it difficult to trace him. Rotich said that although the right to bond is enshrined in the constitution, the right can be limited if compelling reasons are given.
” The case involving a minor should be paramount. The bond should not be granted until the case is heard and determined given that the victim is a minor,” said the prosecutor, noting that the affidavit sworn by the accused shows that the accused person is threatening the victim with plans by both families to have the two flee the country.
In a rejoinder, the accused’s lawyer Lucky Aswani dismissed claims that her client would flee the country, noting that he is living with his father in Kenya. ” Allegations made in the affidavit that my client would flee to Uganda or is in communication with the complainant are baseless,” the lawyer pointed out.
She added: ” Affidavit page 6 paragraph 5 shows no evidence of plans by the two families to have the accused person and complainant flee to Uganda.” The Magistrate set the hearing of the case for August 1st 2024 during which the complainant’s statement will be heard and ruling on bail application made.