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Mwingi teacher charged with defiling pupil

 A primary school deputy head teacher in Kitui County has been charged with defiling his Standard Six pupil in 2018.

Mr Justus Kanyange Muli, the teacher who allegedly defiled a Kaunguni Primary School pupil. Photo/MUTUA KANYANGE

The former Kaunguni Primary School deputy head teacher, Waita Zone in Mwingi Central, Justus Kanyange Muli, was charged with defiling a 15-year-old schoolgirl within the school’s compound on July 31, 2018.

Mwingi Resident Magistrate, Israel Ruhu, granted Muli a Sh300,000 bond with a surety of a similar amount. The case will be heard on October 27. The teacher faced an alternative charge of indecent assault by touching the adolescent’s private parts.

After the plea was taken, the family of the pupil raised concern why the accused was still serving as a teacher in a neighbouring Itheng’eli Primary School when he still faces the sexual offence case.

The girl’s father, Elijah Kilinge, said he hoped that in due course, the Office of the Director of Public Prosecution (DPP) will seal all the loopholes to ensure truth is not suppressed and justice is fulfilled.

Charging the accused

The matter had failed to kick off after the police slugged for years in arresting and charging the accused.  

Earlier, the DPP had turned down a decision by its lower Kitui County office to close a police case file of the complainant over flimsy excuses.

In a tense letter, the DDP said the decision by its lower office to order close of the defilement police case file No. 491/148/2018 against the juvenile was unjust.

In a tense letter, Head of children, victims and witnesses support at the DDP’s office, Caroline Kirimi, said it would be unjust to fault the complaint for not reporting the incident to her sister and opting to report to her parents.

“Long periods of silence cannot be construed as a suppression of truth or to mean that the incident did not happen,” Kirimi said in the letter.

She said there is sufficient evidence to prove all the elements of the defilement, the age of the victim, positive identification and a proof of penetration.

Ms Kirimi observed that section 124 of the Evidence Act allows the court to convict on the uncorroborated testimony of a victim if found to be credible.

Consequently, the DPP directed Kitui office to file a case of defilement contrary to section 8 (1) as read with section 8 (2) of the sexual offence act against the suspect.

“Proceed to prepare the charge sheet and present the suspect to court for plea taking,” Kirimi concluded.


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