Kehancha Law Courts Senior Principal Magistrate James Ongondo who is accused of defilement now faults the bar owner for failing to verify the age of the girls drinking at his establishment.
The magistrate who was allegedly having drinks at the bar before being enticed by a young lady whom he took to a lodge to have quality time with, was arrested by DCI officers in Sotik, Bomet County.
According to court documents seeking to stay his prosecution, Ongondo says he was attending a social function among his peers when he was escorted by officers from the DCI for being with an underage girl.
He faulted the bar owner for failing to verify the age of the girl who is alleged to be 17 years old and allowing her to have alcohol beverage at the establishment.
Ongondo adds that the manager of the establishment had never seen him in the company of the young lady before 31st March or 1st April 2022 and as such could not attest to her true age.
“At no point did the owner of the establishment verify the age of the girl as alcohol beverage kept tricking to the table,” the magistrate claims.
He also adds that the waiter serving the table did not raise any issue at any point.
According to the magistrate, he has since verified the age of the girl to be 22 years through production of a birth certificate.
Family man
Ongondo says he is a married man and a father and is prone to sharing a drink with friends after the conclusion of his official duties, an activity that is embraced worldwide.
The magistrate was arrested on 1st Friday 2022 in company of the girl believed to be 17 years in a lodging in Bomet.
Through lawyer John Swaka, the magistrate wants the court to issue conservatory orders barring the DPP, Inspector General of Police and Director of Criminal Investigations from arresting, arraigning him in court or instituting criminal proceedings against him on the basis of impugned Investigations pending the hearing and determination of his application.
“The court be pleased to issue an interim order restraining the 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 him pending the hearing and determination of the main petition,”Ongondo states.
According to the court papers, Ongondo was arrested after the lady in his company informed DCI officers that she was under the age of 18 years which necessitated his arrest.
