School Driver Accused of Defiling 3-Year-Old Detained for Seven More Days
Onjoro argued that while the suspect has a right to bail, he also has a right to life, which can only be protected by keeping him in custody.
Suspect in custody.
By George Misati
A school driver accused of defiling a three-year-old playgroup pupil in Katuyo, Ainabkoi, Uasin Gishu County, will remain in police custody for seven more days as investigations continue.
Eldoret Law Court Senior Principal Magistrate Mogire Onkoba directed that the suspect, Bernard Kipkorir Mutai, be held at Naiberi Police Station until May 21, when the case will be mentioned in court.
The 31-year-old is alleged to have defiled the minor on Thursday last week while dropping her home from school.
Magistrate Onkoba declined a request to detain the suspect for 14 days, stating that investigators did not require such an extended period to complete their work.
He further noted that the prosecution, led by counsel Patrick Onjoro and Investigating Officer Corporal Ruth Juma, had informed the court that the suspect’s life was in danger due to hostility from the community, with residents allegedly baying for his blood.
Onjoro argued that while the suspect has a right to bail, he also has a right to life, which can only be protected by keeping him in custody.
“Now that there is sworn evidence indicating the environment is not safe for the suspect’s immediate return, I will not ignore that and allow him to go back. I have a responsibility to preserve life,” Magistrate Onkoba said.
He also ruled that the suspect’s continued detention was in the best interest of the minor and necessary for the police to complete investigations.
“The suspect will be detained at Naiberi Police Station for seven days. The case will be mentioned for further directions on May 21,” the Magistrate ruled.
Corporal Juma stated in her application that police are yet to record statements from key witnesses, conduct an age assessment of the minor, and complete the P3 form.
Mutai was arrested on May 12 while dropping off pupils, three days after the alleged incident.
The prosecution also expressed concern that the suspect might abscond if released before investigations are complete.
Mutai’s lawyer, Mr. Obuodho, opposed the application, calling for his client’s release on bond or bail. He argued that the reasons given by the prosecution were not compelling.
“There is no allegation of a threat to the complainant. My client does not feel unsafe and does not wish to remain in custody. We reject the prosecution’s assumptions,” Obuodho stated.
The Uasin Gishu Civil Society Network, under the leadership of Chairperson Benedine Kipruto who has been a key advocate for justice for the victim—has urged all school management teams to prioritize the safety of children while using school transport.
“We are asking the school managers to ensure the safety of all children after pick-up and drop-off, and more so while in the school vehicles. There must be a female teacher in those vehicles until the last child is safely dropped home,” she asserted.
Human rights defenders, led by Kimutai Kirui, and Uasin Gishu County Nominated MCA Regina Chumba, have urged swift investigations, decrying the rising number of defilement cases in the region.
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