Drama in court as ‘minor’ seeks to withdraw defilement case against Kisii MCA

In an affidavit presented in court, the girl claimed she coached by the Directorate of Criminal Investigations officer prosecuting the case to press charges against the MCA against her wish.

The defilement case facing Kisii County’s Moticho Ward MCA Evans Mokoro took a different twist after the girl cited in the case sought to have the case withdrawn.

In an affidavit presented in court, the girl claimed she coached by the Directorate of Criminal Investigations officer prosecuting the case to press charges against the MCA against her wish.

In the affidavit, she also said she is 21 of age and not a minor as claimed by detectives handling the case. She said she had never shown any interest in pressing the case against the Ward Rep and thus the request to recuse her.

 “I wish to have the charges terminated because am not the complainant,” the victim alleges in the affidavit presented to Senior Principal Magistrate Denis Mikoyan in Ogembo.

She further said as a mother, she well knows the father of her child and has not asked the DCIO to undertake any investigations nor carrying out any arrests on her behalf.

She also wants her child currently in the custody of the DCI to be returned to her saying it was suffering away from parental love and care. “I want him ordered to bring back my child who was snatched from me so that it can be breastfed,” the girl says in the affidavit.

Mokoro was arraigned on April 30 for defilement. The court was told that he had on diverse dates between June 2016 and September 2017 in Nyamarambe, Gucha South Sub-County, defiled the girl aged 16 years.

He also faces an alternative count of committing an indecent act with a child contrary to the Sexual Offences Act, 2006 when he appeared before the magistrate.

The girl later gave birth and is now a mother to a three-year-old child currently in the custody of the DCIO. The plaintive annexed her birth certificate to the affidavit denying claims of being a minor even as she asked the charges dropped.

The Magistrate Denis Mikoyan, however, said the case can proceed until the claim that she was not a minor is proved otherwise.

He also ordered the DCI to produce medical records showing the girl was defiled by the accused.

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