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Friday, 17 May 2019

Investigator casts doubt on prosecution in defilement case

The prosecution in a Nakuru court is on the
PHYLIS MUSASIA
By PHYLIS MUSASIA
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The prosecution in a Nakuru court is on the spot after an investigation officer in a defilement case cast doubt over the handling of the trial.
Corporal Beth Kamau attached to the Kaptembwa police station told the court that the prosecution had failed in its mandate to protect a 16-year-old girl who was allegedly defiled and impregnated by a businessman.
Appearing before the Nakuru Chief Magistrate Mr Josephat Kalo on Thursday, Cpl Kamau dismissed claims by the prosecution that she had failed to honour numerous summonses issued to her to testify in the case, saying she never received any such summons.
The prosecution had a day earlier indicated intentions to acquit the suspect, Mr Daniel Miluya, of the defilement and indecent act charges saying that the investigating officer failed to testify in the case.
NO CONFIDENCE
The court consequently issued a warrant of arrest against Cpl Kamau.
“I don’t understand why a warrant of arrest was issued against me on Wednesday basing on the grounds that I had failed to respond to summons that the court had issued to me. I want to assure the court that the prosecution has never served me with any summons as alleged nor given back to me a police file to show the proceedings and dates of the hearing of the case. I’m in court today following a text message that I received on Wednesday night informing me about a warrant that was ordering for my presence in court on Thursday morning,” she told the court.
Ms Kamau added that she has lost confidence in the prosecution after the decision it took following the outcome of a DNA test carried out at the government chemist in Kisumu.
The test revealed that Mr Miluya was not the biological father.
CONFESSION
She said the suspect had earlier confessed to have committed the offence and had requested her to help him reach an out-of-court settlement.
According to Ms Kamau, he had asked her to help him reach out to the girl’s parents for reconciliation. He further stated, Ms Kamau said, that he was ready to take care of the child.
“How can a suspect agree to carry responsibilities of a child whom the DNA test has shown that he is not the father? I fail to understand why the prosecution would want to acquit the suspect of the defilement and indecent act charges only because the test results have reflected negative,” she said.
Cpl Kamau also questioned the DNA test results and asked the court to issue an order for a fresh test at a different government chemist.
COMPROMISE
“On May 13, 2019 the prosecution informed me that they are waiting for an analyst who carried out the DNA test to come and analyse the results before the court so that the case would be nullified thereafter.
“I was shocked because I didn’t understand how that was going to happen after I also learnt that the prosecution had intentions to blackmail the victim’s parents and I that the suspect was going to be kept in the dark about the truth of the results and be freed but still be asked to take care of the child,” the policewoman told the Nation outside the court.
Cpl Kamau said she had warned the girl’s parents not to accept to be compromised after learning that the mother of the victim had agreed to withdraw the case on May 8, 2019 for an out-of-court settlement.
FRESH ORDERS
She said she began investigations into the case early last year after the headteacher of the school the victim was in filed a complaint upon discovering that the girl was pregnant.
It was then that the officer sought a court order PC 61/2018 that allowed her to rescue the minor and place her in a children’s home in Nakuru to protect her from the suspect.
According to the charge sheet, Mr Miluya allegedly defiled the girl on diverse dates between June and August 2017 at Rhoda Estate in Nakuru West.
Magistrate Kalo Thursday asked the investigating officer to apply for a fresh DNA test.
He also transferred the case to another court.

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