Magistrate Arrested Over Suspected Defilement Incident In Bomet

BOMET,Kenya,Apr, 1 – The Kehancha Law Courts Senior Principal Magistrate James Ongondo was on Thursday night arrested in a guest house in Kaplong, Bomet County with a 17-year-old girl.

The senior officer of the court, aged 51, now stares at least 15 years’ jail should he be charged and subsequently convicted of the offence of defilement.

Detectives from the Sotik Directorate of Criminal Investigations (DCI) arrested the magistrate in a room after they were alerted by the hotel’s management.

The manager of the restaurant reported that the suspect booked room 102 at the facility but left the key at the reception as he continued to have his drinks. At around 11pm, the man left for the room accompanied by the girl.

Detectives rushed to the room where they found the two in bed. On interrogation, the suspect identified himself as the Senior Principal magistrate of Kehancha law court in Migori County.

“Preliminary investigations revealed that the suspect had already defiled the girl,” a senior officer told Shahidi News.

Detectives collected samples from the room including tissue paper and stained bedsheet, among others.

The two were then taken to Kapkatet Hospital for medical examination. The suspect’s vehicle, which was parked at the hotel, is detained at the Sotik police station.

Any person who has carnal knowledge with a child is guilty of an offence termed defilement.

Under the Sexual Offences Act, the punishment is determined by the age of the victim. If the child is aged 11 years or less, the accused can be sentenced to imprisonment for life.

However, if the victim is between the age of 12 and 15 years, the accused is liable to a term not less than 20 years, while if the victim is between 16 and 18, the suspect is liable to a term not less than 15 years. 

It is a defence to a charge of defilement if it is proved that such child, deceived the suspect into believing that she was over the age of 18 years at the time of the defilement, or if the suspect in this case reasonably believed that the child was over the age of 18 years.

The suspect is expected to be charged in court after the investigations are complete. The probe will involve a medical examination to confirm the defilement, establishing the actual age of the victim, and the actions of the suspect.