A case in which a Catholic Priest is accused of defiling a 13 years-old destitute girl failed to kick off in a Thika court after the prosecution failed to present his file before the court.
The DCI had presented Fr. James Kamau Kairu based in Eldoret Parish before the court to take plea, but his file was nowhere prompting the Chief Magistrate Stella Atambo to reprimand the DPP, wondering how an accused person would be presented in court without a charge sheet.
“This is an embarrassment on the part of the DPP. Here is a person accused of capital offense but I can’t charge him because of failure on your part. You must put your house in order and this should never happen again,” Atambo said.
Fr. Kairo, through his lawyer Jacklyne Gitau, told the court to have him released since there was no crime to charge him.
“The prosecutor has been taking my client in circles. He is out on police bond which expires today. If they can’t produce the file, then he should be released unconditionally,” said Gitau.
However, Toros Jebet, the court prosecutor denied any foul play saying they called the file back as there were some recommendations the DCI should provide before the file is processed.
Fr. Kairo police bond was later extended as he waits to be officially charged before the court.
The Priest according to DCI was arrested in January this year. He is alleged to have been defiling the minor on diverse dates for consecutive years from 2015 to 2020 since he adopted her from a Thika based children’s home when aged nine years old.
The minor is said to have been rescued from the streets in Gatuanyaga area, Thika East in 2009 and taken to the children’s home. She was adopted by the Priest in 2015 when they started staying together with her and his wife in a rented apartment in Nairobi’s Buruburu estate.
However, when the affair erupted, the duo is said to have gone separate ways leaving the minor with no help. She has since been rescued to a safe place.