- The girl later gave birth and is now mothering a three-year-old child.
- Mokoro faced an alternative charge of committing an indecent act with a child contrary the Sexual Offences Act.
- The prosecution did not object to the release of the MCA on bond but refuted claims of malice.
A Member of the Kisii County Assembly has been charged in an Ogembo court with defiling a minor.
Moticho Ward MCA Evans Mokoro was charged that on diverse dates between June 2016 and September 2017 in Nyamarambe, Gucha South Sub-County, he defiled a 16-year-old girl.
The girl later gave birth and is now mothering a three-year-old child.
Detectives handling the case said it had taken long to arrest the MCA as he had been dodging law enforcers.
Mokoro faced an alternative charge of committing an indecent act with a child contrary the Sexual Offences Act, 2006.
Senior State Council Peter Wainaina had asked the court not to allow the accused take plea until a DNA test is done to determine the paternity of the child.
But Mokoro’s lawyer Nyamweya Mogusu objected, demanding that the MCA be allowed to first take plea.
“We are also reading malice in this case given that the accused is said to have committed the offence in 2016, case booked in 2018 and arrest made yesterday (Monday),” said the lawyer while pleading with the court to release Mokoro on favourable bail terms.
He further claimed that the MCA was tricked into his arrest by being lured into Kisii Law Courts for another case in which he is accused of assaulting a female MCA.
“We are pleading with this court not to be dragged in what we are seeing as malice by the prosecution and investigative officers,” said the lawyer.
The prosecution did not object to the release of the MCA on bond but refuted claims of malice by the defendant’s lawyer.
“However, I am pleading with this court to issue an order for the DNA test,” said Mr Wainaina.
Senior Principal Magistrate Denis Mikoyan released Mokoro on a Sh200,000 bond with one surety or Sh50,000 cash bail.
The case will resume on May 16, 2019 when the court will determine hearing date.