Nyeri: 73-Year-Old Catholic Lay Brother Denied Bond in Minor Defilement Case

Nyeri, Kenya — A 73-year-old Catholic Lay Brother, charged with defiling a seven-year-old girl, has been denied bond by Nyeri Senior Principal Magistrate Ms. Faith Munyi. The decision comes amid concerns over preserving the integrity of the minor’s testimony during the legal proceedings.

According to the Kenya News Agency, the accused, identified as Michael Mburu, is facing one count of defilement and an alternative charge of committing an indecent act with a child. Both charges are in contravention of the Sexual Offences Act of 2006. The offenses were reportedly committed in May 2023 at St. Gerald Primary School, where the minor had been staying.

While acknowledging the constitutional right of the accused to be released on bond or bail, Magistrate Munyi emphasized the need to safeguard the quality of evidence to be presented in court. “I am satisfied that there is a compelling reason as to why the court should withhold and suspend releasing the accused on bond before hearing the testimony of the minor,” she stated.

During the bond hearing, Mburu’s lawyer, Gitonga Muthee, argued that the accused was prepared to comply with any terms imposed by the court. He also attempted to dismiss concerns about the minor’s vulnerability, stating that the accused and the minor resided in different locations. “The accused is a religious brother based in Mweiga, while the minor is based in Endarasha,” said the counsel.

The case is scheduled for mention on October 26.

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