Magistrate In Defilement Allegations Petitions Court To Refrain Officials From Pursuing The Case

James Ongondo, the Kisii magistrate alleged for the defilement of a minor, has petitioned the High Court to restrain the DPP and the DCI from pursuing the case.

Magistrate In Defilement Allegations Petitions Court To Refrain Officials From Pursuing The Case

In court documents, Ongondo, who was arrested last Friday in a lodging with a 17-year-old girl in Kaplong, Sotik in Bomet county, requests that the High Court issue conservatory orders prohibiting the DPP, Inspector General of Police, and Director of Criminal Investigations from arresting, arraigning, or instituting criminal proceedings against him pending the hearing and determination of his application.

“The court be pleased to issue an interim order restraining DCI, IG and the DPP, their agents, servants or employees from arresting, arraigning in court, charging and prosecuting the petitioner or otherwise instituting criminal proceedings against the magistrate pending the hearing and determination of the main petition”, he states in court papers.

He accuses the bar proprietor, where he was reportedly discovered with the minor, of neglecting to verify the girl's age and allowing her to consume alcoholic beverages.

“At no point did the owner of the establishment verify the age of the girl (name withheld) as alcoholic beverages kept trickling to the table. The waiter serving the table did not raise any issue at any point”, he claims.

Ongondo claims to be a married father who enjoys sharing a drink with friends after completing his formal tasks, a popular practice around the world.

According to the magistrate's plea, he was at a social occasion with his peers when he was escorted by DCI officers for being with an underage female. The magistrate has since verified the girl's genuine age by producing her birth certificate, which shows she is 22 years old.