A 22-year-old suspect caused drama in court after he was arraigned for defiling a 16-year-old girl.
Joshua Maina Toto, a Kibera resident, hit his head on the floor shouting ” I am tired of life, I want to die”.
He was, however, stopped following the intervention of security officers.
The young man was brought to court under a certificate of urgency by investigating officer Corporal Jackline Amakumba attached at Capital Hill police station.
She told magistrate Bernard Ochoi that she needed five days to complete investigations in the defilement case against the respondent.
“The mother of the complainant reported defilement on 30th April 2021, that her daughter aged 16yrs old was defiled by the respondent on between 14th and 20th April 2021,” said the investigating officer.
The girl was escorted to Nairobi women’s hospital where she was treated and since the matter was reported on a Friday.
I was unable to fill the p3 form for the complainant, the following week the complainant went back to school” she added.
She told the court that the respondent was arrested on May 29 which was a weekend and was unable to escort him to government chemistry for examination.
Jackline told the court she needed more days to enable her to escort the respondent and complainant for DNA samples and fill in the P3 form.
Opposing the application for further detention of the accused, his lawyer told the court that the matter was reported a month ago before the complainant went back to school, the filling of the P3 form has not been caused by the accused person.
“The accused has not been at large or either has he been summoned by the police and failed to appear, any further detention of the accused is an infringement of his rights, we, therefore, ask the court to allow the suspect to be charged if there is any holding charge,” said his lawyer.
“We ask the court to allow the accused person to undergo age assessment to ascertain his exact age” he added.
In his ruling, magistrate Bernard Ochoi allowed the suspect to be detained for four days.
“I direct the respondent to be taken for age assessment by a government doctor, the application is allowed to detain the suspect until 4th of June” ruled the magistrate.
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