Remandees facing different sexual offences at the Kisii Main Prison do not want to return home.
Despite being capable of paying their cash bail and bond terms, they don’t want to go back home fearing for their lives.
Kisii Main Prison Superintendent Francis Opondo says there are more than 530 individuals remanded at the facility, facing different sexual offenses such as rape, defilement and incest.
Revenge mission and greed at the family level has seen most of such cases fail to kick off in court.
Ogembo Law Courts which is also served by Kisii Main Prison records more than 60 sexual offences every month. In the majority of these cases, investigating officers find it tough putting up witnesses statements.
Advocate Philemon Ochwang’i noted that Magistrates and Judges should continue being extra careful in examining some of the sexual offences cases presented in court.
“Abuse of the Sexual and Offences Act is on the rise and many men are getting entangled in trumped-up charges of sexual defilement to mint money from the accused,” she added.
Lazarus Ocharo Kieya an accused before the courts could have served life imprisonment were it not for Justice Edward Murithi’s judgement on January 22, 2015, saying the Prosecution had not proved its case in court.
Ocharo was facing the charge of defilement under section 8 (1) (2) of the Sexual Offences Act or the alternative charge of indecent assault under section 11 of the Sexual Offences Act.
On October 25, 2011, Ocharo was sentenced to life imprisonment by the then Nyamira Senior Principal Magistrate J. Wanjala.
The court heard that the accused, defiled the minor inside his son’s house when she sought shelter from the rain at his home while on the way to cut grass at his farm.
Defilement allegedly was confirmed by the complainant’s mother who found the appellant pulling up his trousers after the act and by a medical examination of the complainant showing a broken hymen.
The Appellant in his sworn testimony denied any wrongdoing and alleged that the charges were a result of bad blood arising from a land dispute between his family and the complainant’s family who were his relatives.
Investigating Officer confirmed that he did not visit the scene of the alleged crime and only testified on what he was told by the complainant’s mother and that that he did not escort the appellant for examination.
No person outside the complainant’s family volunteered to record statements.
The Sexual Offences Act provides that once a crime is reported, it cannot be withdrawn easily. Only the Attorney General can recommend this.
By Frank Akunga