A Catholic Priest accused of defiling a minor has been detained by a Thika court for 12 more days pending determination of his bail/bond application.
Fr James Kimani Kairu of Eldoret Parish is accused of intentionally defiling an 11-year-old on diverse dates between 2022 and August 2023 at his home in Buruburu Phase 5 in Nairobi County. He’s also facing an alternative charge of indecent assault.
The Priest who pleaded not guilty to the charges of defilement and indecent assault to a minor had applied for his release on bond, an application that was met with opposition by the Prosecution and the Investigating Officer Thomas Edwin Musungu.
When the bail/bond application came up for determination on March 28, 2024 before Thika Chief Magistrate Stella Atambo, the Prosecution led by Christine Torome told the court that it was imperative to have a prebail report before pronouncement of grant or denial of bail/bond.
The Prosecution also maintained that the accused being a priest is in a position of influence and power which he can likely use to interfere with the witnesses.
Earlier, the priest’s defense led by lawyer Charles Kanjama while praying for his release on temporary or substantive bail/bond terms, told the court that the accused person is not a flight risk and his place of work is well known.
READ ALSO:
https://educationnews.co.ke/why-teachers-have-a-negative-attitude-towards-tsc-ceo/
Kanjama also downplayed the likelihood of the accused person interfering with witnesses and especially the minor, noting that the girl is currently in a protective environment in a children’s home.
“The victim is in a protective situation or environment in a children’s home and so, that specific right of the victim is not in question, whether the accused person is released on bond/bail or not,” Kanjama told the court.
Justice Atambo, while making her determination whether there must be a prebail report to guide the court in the pronouncement of grant or denial of bail/bond, observed that the court is obligated to consider the rights of the victim.
“A prebail report is the only way to get neutral information that will aid the court in arriving at a fair decision. The court has to balance both the rights of the accused person and the victim, hence the need to get all relevant information,” Atambo said.
She added, “At this point, the court has not made a determination of whether to grant or deny bail/bond terms.”
The court directed the Probation officer to file and serve all parties a prebail report, inclusive of the victim’s impact statement, by close of business on April 5, 2024.
Atambo also observed that further submissions, if any or need be, shall be made on April 8, 2024 when the application will be determined.
Fr Kimani adopted the girl in November 2017 and has been living with the minor together with his wife, until they separated following his arrest on January 24, 2024.
The Priest, together with his wife Elizabeth Wanjiku, in a letter to Share and Care Family dated November 17, 2017 expressed his wish to adopt the girl so that they can bring her up together with their biological daughter who was then 11.
The duo indicated that they’d take care of the girl’s needs including good education, food shelter and affection.
“Our wish is to have and adopt a six to nine year old girl so that the gap fits in with our biological one and bring them up together. We will make sure that the two children get on well. The needs of the child will be well taken care of,” reads part of the letter.
In the letter he indicated that he was a social worker based in Canada.
The IO in the matter Thomas Edwin Musungu had previously opposed the accused person’s bail/bond application.
In an affidavit filed in the court, the IO noted that the priest will jeopardise the case since both the minor and the priest’s legally wed wife are major witnesses in the case.
He also indicated that the accused person had at one point threatened one of the key witnesses and the matter was reported at Buruburu police station and it’s still under active investigation.
Musungu also told the court in the affidavit that one of the witnesses in the case, Elizabeth Wanjiku, was abducted by unknown people and dumped along the Nakuru-Eldoret road, moments after she was summoned by Thika West DCI to record a statement.
“The witness disappeared mysteriously and her abandoned car was later traced and found in Nanyuki,” he noted.
By Kamau Njoroge
Get more stories from our website: Education News
To write to us or offer feedback, you can reach us at: editor@educationnews.co.ke
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>>> Click here to stay up-to-date with trending regional stories
