A Migori based magistrate accused of defiling a minor in Bomet has moved to the High Court seeking to stop his prosecution.
James Ongondo was arrested last Friday in a hotel in Kaplong in Bomet county where he had booked a room with a 17-year-old girl. He was presented in court and released on bond.
Magistrate Ongondo moved to the High Court to bar Director of Public Prosecution (DPP), Inspector General of Police and Director of Criminal Investigations from arresting, arraigning him in court or instituting charges against him on the basis of the incident.
“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.
Ongondo was arrested after a woman in his company informed DCI officers that his female companion was underage.
In his defence, Ongondo says he is a married man and a father and he is prone to sharing a drink with friends after the conclusion of his official duties, an activity that is embraced worldwide.
The Kenhancha magistrate says he was attending to a social function with his peers when he was escorted by officers from the DCI for being with an underage girl.
He faults the owner of the bar, for failing to verify the age of the girl and allowing her to have alcohol at the establishment.
“At no point did the owner of the establishment verify the age of the girl (name withheld) as alcohol beverage kept tricking to the table. The waiter serving the table did not raise any issue at any point,” he claims.
Ongondo adds that the manager of the establishment had never seen him in the company of the young lady before March 31 or April 1, 2022 and as such could not attest to her true age.
The magistrate states that he has since verified the age of the girl from birth certificate to be 22 years.