Kilifi, KENYA: Mwapula Assistant chief Edward Kalama has been arraigned in court after being arrested on Wednesday by police in Ganze on allegations of fathering a 14-year-old girl one year ago.
He was arrested following recommendations from the Director of Public Prosecution in Kilifi Henry Achochi.
It was established that police were reluctant to arrest the suspect as they had not taken the baby for a DNA test as seen in a letter from the office of the DPP dated August 16, 2017.
“We have received your letter dated 21, July 2017 forwarding your inquiry file number 3of 2017.We have perused and considered the testimony of all the witnesses. We have found evidence of D1, D2 and D3 credible. The evidence of all other witnesses as mere hearsay which is not admissible in Law. On the recommendation of the investigating officer as to DNA examinations, it is trite Law that DNA certificate is not necessary for the offense of defilement. The minor complainant identifies the suspect who is known to her as the person who sexually violated her. We also leave to the magistrate to assess the demeanor of the witness so as to believe in her (complainant) that it was the suspect who violated her or not,” the letter read.
It continued, “We, therefore are of the opinion that there is a prima facie case against o Edward Kalama Gona and he should be charged forthwith for the offence of defilement contrary to section 8(1) as read with 8(3) and abuse of position of authority contrary to section 24(24)(a)of the Sexual Offences Act No 3of 2006.”
The administrator pleaded not guilty for defilement and abuse of office on a 14 years old girl.
The Chief appeared before Kilifi Senior Principal Magistrate Robinson Ondieki and Kilifi head of the office of Director of Public Prosecution (ODPP) Henry Achochi.
It is alleged that the chief defiled the girl on April 9, 2016.
He is also alleged to have taken advantage of his position as assistant Chief to convince the minor and a pupil of one of the primary schools in Mwapula to have sexual intercourse with her.
He was been given sh. 500,000 bond with same surety.
The case will be mentioned on January 3, 2018 and hears on February, 15, 2017.