Magistrate in defilement saga seeks to stop charges
A Senior Principal Magistrate yesterday petitioned the High Court seeking to stop the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) from prosecuting him over claims of defiling a 17-year-old girl.
In a suit filed under a certificate of urgency, James Ong’ondo is seeking orders restraining the police from arresting and charging him.
Ong’ondo, who is the Kehancha Senior Principal Magistrate, was arrested on Friday last week in a lodging with the alleged minor in Kaplong, Sotik in Bomet county.
“The court be pleased to issue an interim order restraining DCI, IG and the DPP, their agents, servants or employees from arresting arraigning in court, charging and prosecuting the petitioner or otherwise instituting criminal proceedings against the magistrate pending the hearing and determination of the main petition,” he states.
Through lawyer John Swaka, the magistrate wants a stay of his prosecution at the Bomet High Court.
Court papers state that Ong’ondo was arrested after the female in his company informed DCI officers that she was below the age of 18 years.
Ong’ondo was arrested at a lodging where he had booked a room to spend the weekend with a female who he claims is 22 years old.
In his petition, the magistrate says he was attending a social function among his peers when he was escorted by officers from the DCI for being with an underage girl.
He faults the owner of the bar for failing to verify her age and allowing her to have an alcoholic beverage.
The magistrate states that he has since verified the age of the girl through the production of her birth certificate which shows she is aged 22.