CATHOLIC PRIEST HELD FOR AN ADDITIONAL TWELVE DAYS AFTER BEING CHARGED WITH DEFILEMENT

A Thika court has held a Catholic priest (Fr Joshua; this is not his real name) for an additional 12 days while it considers his bail request. The priest is accused of defilement.

At his residence in Buruburu Phase 5 in Nairobi County, he is accused of defiling the victim between 2020 and August 2023. A further charge of indecent assault is being brought against the priest.

Fr. Joshua had requested to be released on bond after entering a not-guilty plea to the allegations. The application was refused by the prosecution.

The prosecution, under the direction of Christine Torome, informed Thika Chief Magistrate Stella Atambo that a pre-bail report was necessary before deciding the bail/bond application on Wednesday.

The prosecution contended that the accused was likely to stifle the witnesses because of his position of authority and influence.

Earlier, the court was informed by the priest's defense team, headed by senior attorney Charles Kanjama, that the accused individual posed no flight risk due to his well-known position of employment, as they prayed for his release on either a temporary or substantive bond.

He also played down the possibility that the accused would try to influence witnesses—especially his purported victim.

"The victim is in a protective situation or environment and so, that specific right of the victim is not in question, whether the accused person is released on bail or not," Kanjama told the judge.

When deciding whether a pre-bail report is necessary to help the court decide whether to grant or deny bail or a bond, Atambo said that the court must take into account the interests of all parties, including the accused victim.

"The only impartial source of information that will help the court reach a just verdict is a pre-bail report. Obtaining all pertinent facts is necessary because the court must weigh the rights of the victim and the offender," Atambo stated.

"At this point, the court has not determined whether to grant or deny bail and under what terms."

A pre-bail report, which includes the impact statement of the accused victim, must be filed and served to all parties by the probation officer by April 5, 2024, at the latest, per the court's directive.

On April 8, 2024, when the application will be decided, Atambo further noted that any additional submissions, if any, must be presented.

Before they split up after his arrest on January 24, 2024, Fr. Joshua had been residing with the accused victim and his family.